What Exactly Is Undue Influence, & How Can It Impact You?

Undue Influence
Meaning in Law

Legally, undue influence arises when one party uses their position or power to overpower another’s free will in making decisions, particularly with important legal documents like wills. This pressure can be subtle or overt, but the law recognises that influence crosses a line when it becomes unfair and undue pressure. This can include a caregiver, close family member, new romantic partner, trusted friend, or professional advisor.

Generally speaking, there are two main types of undue influence recognised by the courts:


Presumption of undue influence:

Presumed undue influence applies in specific relationships where one party is presumed to have influence over the other, such as a caregiver and a dependent, or a solicitor and a client. In these cases, the burden shifts to the stronger party to prove the will was made freely. 

Actual undue influence:

This requires direct evidence showing that coercion, manipulation, or excessive pressure was exerted to affect decisions.

Such legal standards protect the weaker party, often someone vulnerable due to age, illness, or emotional dependence, against dominating parties who might seek to benefit unfairly.

How Undue Influence Happens:
The Dynamics Between Parties

Understanding how undue influence occurs means looking at the relationship dynamics between the dominant party and the weaker party. Typically, this involves one person holding more power, whether emotional, financial, or physical, over another.

Key ways undue influence plays out include:

• The dominant party repeatedly pressures or coerces the weaker party into making decisions that benefit the former.
• Unfair and undue pressure can be disguised as care, concern, or persuasion, but crosses the line into excessive pressure.
• The innocent party may feel isolated from family, lack access to independent legal advice, or be suffering from a special disadvantage such as illness or cognitive decline.
• In some cases, domestic violence or manipulation forms the backdrop, intensifying the pressure.

Undue influence occurs most often when the stronger party exploits their position to secure a financial or personal benefit, overriding the free will of the other.

Examples of Undue
Influence in a Will

It can help to see real-world illustrations of undue influence examples, so you can better recognise the signs if they arise in your own family situation. Here are some examples of undue influence in a will:

• A family member isolated the testator from other relatives and advisors, convincing them to change their will to benefit only that family member. The testator was unduly influenced because they lacked independent advice and social support.
• An elderly person was pressured by a dominant party to sign a will under threat of being cut off financially or emotionally, a clear case of undue pressure and unconscionable conduct.
• A vulnerable person with diminished mental capacity was persuaded to leave their estate to a caregiver, who had a deemed relationship of trust and authority over them.
• In such circumstances, medical records later showed signs of coercion or manipulation, strengthening claims of resumed undue influence.
• A family member with a history of controlling behaviour changed the deceased’s will shortly before death, raising suspicion of undue influence will.

These situations highlight how the law seeks to protect individuals when the balance of power is abused.

A Civil Issue, Not Usually a Criminal One

Generally, undue influence itself is not a criminal offence but a civil matter. It provides grounds to challenge a will or contract because the affected person did not exercise independent judgment freely.

When It Crosses into Criminal Behaviour

However, unconscionable conduct requires legal action to correct, which may include seeking an equitable remedy such as setting aside a will or contract. If the dominant party’s actions also involve fraud, threats, or other criminal behaviour, those aspects could be separately prosecuted under criminal law.

In the Context of Contract Law

In contract law, undue influence can invalidate agreements where one party pressures another unfairly. So while undue influence alone may not lead to criminal charges, the conduct surrounding it can sometimes cross into illegal territory.

What the Court Actually Looks For In Presumed Undue Influence

In such a case, the court won’t rely on suspicion alone. It focuses on a few key elements:

• The relationship between the contracting parties
• The presence of pressure or imbalance
• Whether the party’s decisions were made freely and with consent
• If the defendant gained a clear advantage
• How long had the influence been established

If the facts point to control, secrecy, or lack of true voluntary choice, the court may step in. And if needed, QLD Probate is here to support you through it, step by step.

If You’re Worried About Someone’s Will, Start Here

It’s hard to shake the feeling that something isn’t right, especially when a will doesn’t reflect what your loved one would normally decide. Whether it’s quiet control or open pressure, undue influence can take many forms.

Here’s how to begin if you're concerned:

• Stay observant – Changes made in private, sudden exclusions, or a reluctance to involve others may signal exploitation.
• Note any dependence – A person who is isolated, grieving, or in poor health may be unable to resist suggestions, even from a child, parent, or someone in a position of trust.
• Seek clarity – If the person lacked support to make an independent will, or was discouraged from getting independent legal advice, this may strengthen the case.
• Talk to someone – You don’t need proof to speak to a lawyer. If a victim was influenced unfairly, it’s worth finding out if legal steps are available.

These situations are delicate, but your instincts matter. We’re here to help you determine the next step with care.