Testamentary undue influence in Australia: should it be reformed?

Abstract

Abstract Testamentary undue influence is a doctrine distinct from the equitable doctrine of undue influence. The requirements to prove testamentary undue influence have caused academic and judicial criticism questioning whether the doctrine adequately safeguards the vulnerable testator. As the aged population increases, it is increasingly important to re-examine the level of protection afforded by the doctrine. The doctrine of testamentary undue influence should be modified to be closer in line with equitable undue influence in inter vivos transfers to enable succession law to promote more just outcomes that uphold the true intention of testators in contemporary Australia.