Undue Influence + Fraud Flashcards
Examples of influence that is not under influence
Love, admiration, gratitude, logical reasoning, pity
What constitutes undue influence?
Influence done with an element of coercion (not just persuading)
Range of actions for undue influence
Ranges from violent to non-physical violent course (manipulation, mind games, praying on people in vulnerable situations)
Most common undue influence cases
Elder abuse- rely on family member for something and they threaten to take it away
Test for undue influence
If the state of mind of the testator is “this is not my wish but I must do it”. Very fact specific
Huhley v Cox
Clear undue influence. Son wrote void everywhere on moms will and made her sign
Re Marsh
Facts: son in law POA, she didn’t leave house to them, said if she liked them so much they should be POA, she panicked and left to daughter
Ratio: analysis of facts- implied he would quit, she was dependent and vulnerable. Doesn’t matter who undue influence is by, can be someone who does not end up the beneficiary.
Voot v Hay
Facts: Man (81) left everything to female “friend” (29), not friends long, she helped make new will, new will very different, he was murdered and she was suspect
Ratio: No undue influence primarily based on onus (insufficient evidence). With undue influence and fraud the onus remains with the person alleging and never shifts. With TC the onus can shift.
Poisoning of the Mind
Turning someone against another through manipulation, lies, and mind games
Mayran v Dussault
Poisoning of the mind, will not probated. Convinced brother he was dying cause wife was a bad cook and that he should leave everything to his brother.
Fraud
Test: testator would not have otherwise made the gift had they known the truth (sole reason they made gift was cause they were lied to)
