Is a Will obtained by fraud, coercion or importunity valid?
A Will or any part of a Will, the making of which has been caused by fraud or coercion, or by such act which takes away the free agency of the testator, is void.
Examples:
(i) ‘A’ threatens to shoot ‘B’, or to burn his house or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of ‘C’. ‘B’, in consequence, makes a bequest in favour of ‘C’. The bequest is void as the making of it having been caused by coercion;
(ii) ‘A’, by fraud and deception, prevails upon the testator to bequeath a legacy to him. The bequest is void;
(iii) ‘A’, being a prisoner by lawful authority, makes his Will. The Will is not invalid by reason of ‘A’s imprisonment.