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This book is only available in PDF format

Author: Gregory Ambler
Published: 7 August 2025
Pages: 23

Introduction

A claim of undue influence can arise in two distinct areas, these being:
  • where lifetime transactions or gifts are made (equitable undue influence); and
  • where dispositions are made in wills (testamentary undue influence).

This paper will consider the latter, and the way in which this claim is being made and interpreted in New Zealand and in comparable jurisdictions.

A claim of undue influence is often made simultaneously with a claim of insufficient testamentary capacity, but it is a separate ground because it relates to a will-maker’s voluntariness, rather than his or her capacity. The starting point is that a will-maker must be a “free agent”, and that they may be “led but not driven” in the instruction and execution of a valid will.

Content outline

  • Legal framework
  • Recent cases
  • Undue Influence and private client practice
  • Law reform
View contents page
AMBLER Gregory    
Gregory Ambler
Tompkins Wake
Auckland		    

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