Undue Influence in Wills - The Comprehensive Guide [2025]
- פרנקל אמסלם ושות'
- 2 days ago
- 4 min read
Undue influence is one of the primary grounds for invalidating a will in Israel. This refers to a situation where someone exploits their influence over the testator to cause them to make a will contrary to their true wishes. While not every influence on a person is improper, the law protects testators from those who exploit their weakness or dependence. In this article, we will examine the characteristics of undue influence, how the court evaluates it, what can be done to challenge a will made under undue influence, and how to ensure a will is resistant to claims of undue influence.
Common Cases of Undue Influence
The most frequent case of undue influence occurs when a caregiver exploits an elderly person's dependence on them. Often, this involves a lonely individual, bedridden or mobility-limited, completely dependent on the caregiver for daily needs. In such cases, the caregiver may exploit the elderly person's condition and cause them to change their will in the caregiver's favor.
Another common case is when a family member, usually a child caring for an elderly parent, exploits the closeness and dependency to influence the will's contents. This influence can manifest as persistent pressure, implied threats, or isolating the parent from other family members.
Legal Tests for Identifying Undue Influence
The Supreme Court, in the famous Marom case, established four key tests for examining the existence of undue influence:
Test of Dependency and Independence
This examines the degree of the testator's physical and mental independence in the period preceding the will's execution. The less independent the testator was, the greater the likelihood they were subject to undue influence.
Test of Dependency and Assistance
This focuses on the nature of the relationship between the testator and beneficiary. Was the beneficiary the primary caregiver? Did the testator need their help daily? Were there other people who assisted the testator?
Test of Relationship Scope
This examines the degree of the testator's social isolation. Were they in contact with other family members? Was the beneficiary the only person with whom they had meaningful contact?
Test of Will-Making Circumstances
This examines the beneficiary's conduct around the will's preparation. Were they involved in its drafting? Did they arrange to transport the testator to the attorney? Did they choose the attorney themselves?
Burden of Proof in Undue Influence Claims
The person claiming undue influence must prove their allegations. However, when significant dependency of the testator on the beneficiary is proven, the burden of proof shifts to the beneficiary to prove that there was no improper influence that could serve as a basis for sustaining the objection to the will.
Preventing Undue Influence Claims
To avoid future claims of undue influence, it is important to take several preventive steps:
Medical Documentation - The Key to Protecting Will Validity
It is recommended to maintain comprehensive documentation including:
Medical opinions on the testator's cognitive condition
Detailed protocol from the will-drafting session
Correspondence and documents evidencing the testator's free will
Documentation of the testator's meetings with other family members
Audio or video recordings of the testator's statements about their wishes
Maintaining such documentation can be critical in case of future will challenges.
Will Execution with Objective Witnesses
The will should be drafted in the presence of objective witnesses who are unrelated to the beneficiaries.
Complete Transparency in the Will-Making Process
This includes informing family members of the testator's intention to make or modify their will.
When Is Influence Considered Fair?
It is important to emphasize that not every influence on the testator is improper. Law and case law recognize many situations of legitimate and natural influence. For example, when a family member devotedly cares for the testator for years, it is natural that this would influence their will decisions. Similarly, in the case of a child who supports their elderly parents, visits them regularly, and attends to all their needs - there is nothing wrong with the parents deciding to acknowledge their devotion through the will. Fair influence can also be expressed through honest and good advice from professionals or close friends, as long as these are given without pressure or expectation of compensation.
To understand the differences between a valid influence and an invalid one, here is a simple comparison:
Legal Note
According to the ruling established in Civil Appeal 1516/95 Marom v. Attorney General, a thorough examination of all circumstances is required to determine the existence of undue influence. According to current case law, proving mere dependency is insufficient; it must be shown that the dependency was "so comprehensive and fundamental that it can be assumed the testator's free will was negated." As established in Civil Appeal 4902/91 Goodman v. Shem Beit Midrash Gavoha Yeshiva, the will opponent must prove not only the fulfillment of the four auxiliary tests but also show how these affected the testator's determination. Furthermore, in Civil Appeal 5185/93 Attorney General v. Marom, it was established that the unfairness of the influence should be examined according to objective standards of Israeli society and public decency.
Legal Sources
Legislation:
Section 30(a) of the Inheritance Law, 1965, which establishes the cause of undue influence.
Key Case Law:
Civil Appeal 1516/95 Marom v. Attorney General, P.D. 52(2) 813 - the guiding precedent on this issue
Civil Appeal 5185/93 Attorney General v. Marom, P.D. 49(1) 318 - defining influence tests
Civil Appeal 423/75 Ben Nun v. Richter, P.D. 31(1) 372 - discussing burden of proof
Civil Appeal 4902/91 Goodman v. Shem Beit Midrash Gavoha Yeshiva, P.D. 49(2) 441 - clarifying causal connection requirement
Legal Literature:
Sheila S., Commentary on Inheritance Law, 1965 (Second Edition, 2002) pp. 205-220
Plumin Y., Inheritance and Estate Law (Seventh Edition, 2020) pp. 156-170
This should not be considered legal advice, and in any case, the reader should verify the written content and legal sources.
Importance of Professional Legal Consultation
Consulting with an attorney specializing in inheritance law is critical, both when drafting a will and when suspicion of undue influence arises. An experienced attorney can identify problematic situations in advance and take preventive measures, or alternatively assist in proving the existence of undue influence in appropriate cases.
Undue influence is a complex phenomenon requiring thorough examination of case circumstances. While the law recognizes a person's right to influence the testator's will through legitimate means, it rejects influence involving exploitation or coercion. The distinction between legitimate and improper influence is not always simple, making it important to consult with experienced professionals in the field.
This should not be considered legal advice, and in any case, the reader should verify the written content and legal sources.
