Coercion that overbears the testator's own wishes.
In Islamic law
A wasiyyah must be freely made; coerced dispositions are invalid.
In Canadian law
More than persuasion — the will must reflect someone else's intention rather than the testator's. A frequent allegation where one child assists an elderly parent with a new will.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Undue influence will challenge ontario
- Undue influence will challenge ontario
- Duress undue influence ontario contract law
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.
- Undue influence will challenge ontario — Treadstone Law
- Undue influence will challenge ontario — Treadstone Law
- Duress undue influence ontario contract law — Treadstone Law
- Responding to an undue influence accusation ontario — Treadstone Law
- Wills & estates practice — Treadstone Law