Understanding Undue Influence in a Will 

A Will is more than just a legal document; it is the final expression of a person’s life and legacy. For a Will to be valid, it must reflect the genuine, uncoerced wishes of the person writing it (the “testator”). When someone is pressured, persuaded, manipulated, or intimidated into changing their Will, this is legally known as undue influence.

If undue influence is proven, a Will can be challenged and declared invalid by a court.

There are a number of grounds on which a Will can be contested. This includes where undue influence has been exerted over the testator or person making the Will. This could be coercion, intimidation or manipulation that has led the testator to include someone in the Will.

 

Red Flags: How to Spot Undue Influence

Proving coercion can be complex because it often happens behind closed doors. However, there are several “warning signs” that may suggest a Will does not reflect the testator’s true intent:

• Unexpected Changes: A sudden, radical departure from previously made Wills or long-held intentions.

• Large or “Surprise” Gifts: Significant portions of the estate being left to someone who was not previously a close beneficiary.

• Dependency and Isolation: The testator was frail, unwell, or heavily reliant on a specific individual who began to control their social circle or finances.

• Deathbed Revisions: Changes made shortly before death, particularly if the testator’s mental or physical health was in decline.

 

What to do if you think there has been undue influence in making a Will

Always speak to a legal expert if you believe that a loved one may have been exposed to outside pressures. Especially, if you believe this led them to changing or making a Will in someone’s favour. It can be difficult to prove undue influence, however a contentious probate solicitor will be able to talk you through your options. It is often possible to resolve matters without the need for a court hearing.

 

How to prove undue influence in a Will

The level of influence required is more than simple persuasion. The court will consider whether it believes that the deceased would have made the gift, had no coercion occurred. Coercion is classed as being influence that overwhelms the testator’s wishes. Although it does not need to completely change their mind.

The mental state of the deceased at the time the Will was made or changed will be looked at. They also consider their physical wellbeing and dependence on the individual in question.

The court will consider whether it believes the Will to be what the testator wanted to happen or whether it follows someone else’s wishes. The facts of the case need to do more than show undue influence, they should be inconsistent with any other hypothesis. However, the court will accept that undue influence has been proved without direct evidence in some cases.

Where undue influence is proved, the court will declare the Will invalid. The estate then passes under the terms of an earlier valid Will or, where there is no other Will, under the Rules of Intestacy.

 

Time limit for claiming undue influence

It is important to consider whether you wish to make a claim as soon as possible. In some cases, the time limit for commencing action may be only six months from the date of the Grant of Probate.

If you have concerns about a Will, you are strongly recommended to talk to a solicitor. It is often possible to reach agreement without the need to prove a case in court.

 

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