What is undue influence as defined in the Spies v Smith case?
Undue influence is if the testator is moved by artifices of such a nature that they may be equated by reason of their effect to the excercise of coercion or fraud to make bequest he would not otherwise have made, and which therefore expresses another person's will rather than his own.
In other words undue influence is when a person has been tricked in such a manner that the outcome of the deceit equals fraud or coercion of the testator to make a decision he otherwise would not have made and which in the end expresses the will of the other person rather than the testator.
