Complexity in Claiming for Undue Influence Probate Matters

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A Will drafted by a deceased person can be contested on various grounds by the beneficiaries. If the testator has been coerced into creating a Will in a particular manner, then it is termed as ‘undue influence’ which can be used as grounds to challenge a will.

Undue influence exists when relationship between parties is exploited by either one to gain an unfair advantage. Undue influence can be classified into ‘actual undue influence’ and ‘presumed undue influence’. If the grounds of undue influence are established, a Will is rendered void.

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