Home  ›  Ilm Hub  ›  Answers  ›  What is undue influence in a will challenge?
Ilm Hub

What is undue influence in a will challenge?

Coercion that overbears the testator's own wishes — more than persuasion. The will must reflect someone else's intention rather than the testator's.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Coercion that overbears the testator's own wishes — more than persuasion. The will must reflect someone else's intention rather than the testator's.

The Canadian position

Frequently alleged where one adult child arranged the will for an elderly parent and benefits disproportionately.

The Islamic position

A wasiyyah must be freely made. A coerced disposition is invalid.

Researched — the schools differ

No school requires a lawyer, a notary or any set form: a wasiyyah is made by words, and the four are agreed that a written one operates exactly as a spoken one does. Where they part company is on who may make one — the Hanafi and Shafi’i schools require adulthood, the Maliki and Hanbali schools only discernment — and on what a document found in the deceased’s handwriting proves. Sound mind, freedom and a free will are conditions in all four, and all four let a testator revoke at any time.

All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Making a wasiyyah — form, capacity and revocation.

What to do about it

  1. Have the testator instruct the lawyer alone.
  2. Avoid having a major beneficiary arrange the appointment or attend the meeting.
  3. Keep the lawyer's notes.
Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Grewal v. Litt, 2019 BCSC 1154 — CanLII
  2. Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
  3. Canadian Legal Information Institute — CanLII
Further reading — Treadstone Law
  1. Undue influence will challenge ontario — Treadstone Law
  2. Undue influence will challenge ontario — Treadstone Law
  3. Capacity to instruct a lawyer ontario — Treadstone Law
  4. Duress undue influence ontario contract law — Treadstone Law
  5. Wills & estates practice — Treadstone Law