A will is intended to reflect the true wishes of the person who made it (the testator). It is a fundamental principle of law that a will must be made freely and voluntarily, without pressure or coercion. However, in some cases, a will may not truly represent the testator’s intentions because they were subjected to undue influence.
At Blackstone Solicitors, we advise clients across England and Wales on challenging wills where there is evidence that the deceased was pressured into making certain provisions. This article explains what undue influence means in the context of wills, how such claims are proven, and the steps involved in contesting a will on this ground.
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What Is Undue Influence?
Undue influence occurs when someone applies pressure to the testator, to such a degree that the resulting will does not reflect the testator’s true wishes. The law recognises that people may be influenced by those close to them in everyday life, but undue influence is a more serious matter – it is influence that overpowers the testator’s own free will.
This is different from fraud (where someone deliberately deceives the testator) or lack of testamentary capacity (where the testator does not understand what they are doing). In undue influence cases, the testator may have full mental capacity but has been coerced into making decisions they would not have made otherwise.
Examples of Undue Influence in Wills
Undue influence can take many forms, including:
- Emotional pressure – repeatedly persuading or guilt-tripping the testator into leaving assets to a particular person.
- Threats or intimidation – threatening to withdraw care or contact unless the testator changes their will.
- Exploitation of vulnerability – taking advantage of illness, disability, or isolation.
- Control of environment – restricting the testator’s access to other family members or advisors.
These situations often occur in private, without witnesses, which can make proving undue influence challenging.
The Legal Test for Undue Influence
The burden of proving undue influence lies with the person contesting the will. In England and Wales, the courts set a high bar for these claims. The person challenging the will must demonstrate:
- That the testator was coerced into making the will or particular provisions in it; and
- That this coercion overrode the testator’s own free will.
Importantly, the court will not set aside a will simply because someone had the opportunity to influence the testator or because the will seems unfair. There must be clear evidence of coercion.
ow to Prove Undue Influence
Because undue influence often takes place in private, direct evidence (such as witnesses) is rare. Claims are usually proven by piecing together circumstantial evidence, such as:
- Medical records showing the testator’s vulnerability.
- Evidence of the relationship between the testator and the alleged influencer.
- Testimony from friends, family, or carers about changes in the testator’s behaviour.
- Evidence that the testator was isolated from other people.
- The terms of the will itself – for example, a sudden and unexplained change in beneficiaries.
The court will look at the overall picture to determine whether undue influence occurred.
Signs That Undue Influence May Have Taken Place
Potential indicators include:
- The will significantly departs from earlier versions without clear explanation.
- One person was heavily involved in arranging the making of the will.
- The testator was dependent on the alleged influencer for care or support.
- The alleged influencer benefitted substantially from the will at the expense of others.
- The testator appeared fearful or reluctant when discussing their will.
While none of these signs alone prove undue influence, taken together they may raise serious concerns.
Steps to Contest a Will on Grounds of Undue Influence
- Seek Immediate Legal Advice
Time limits can apply, particularly if a grant of probate has been issued, so early advice is crucial.
- Gather Evidence
Collect all available evidence, including previous wills, medical records, and correspondence.
- Enter a Caveat
If probate has not yet been granted, a caveat can be entered at the Probate Registry to prevent the estate from being administered while the dispute is investigated.
- Pre-Action Correspondence
Your solicitor will write to the executors or their solicitors setting out the grounds for the challenge and requesting disclosure of relevant documents.
- Attempt Settlement
Many disputes can be resolved without court proceedings, through negotiation or mediation.
- Court Proceedings
If settlement is not possible, a claim can be issued in the High Court to set aside the will. The court will consider all the evidence and decide whether undue influence occurred.
Time Limits for Contesting a Will
There is no fixed limitation period for claims based on undue influence, but it is best to act as soon as possible. Delays can make it harder to gather evidence and may allow the estate to be distributed, complicating matters further.
Possible Outcomes of an Undue Influence Claim
If the court finds that undue influence occurred, the affected will (or part of it) will be declared invalid. The estate will then be distributed according to:
- An earlier valid will, if one exists; or
- The rules of intestacy if there is no earlier valid will.
If the claim is unsuccessful, the will stands, and the challenger may be ordered to pay legal costs. This is another reason why obtaining expert advice at the outset is essential.
Preventing Claims of Undue Influence
For those making a will, steps can be taken to reduce the risk of future challenges:
- Instruct an independent solicitor, ideally without beneficiaries present.
- Ensure the will is prepared and signed in accordance with all legal formalities.
- Record reasons for significant changes in the will, especially if departing from previous versions.
- Obtain a medical assessment if there are concerns about capacity or vulnerability.
At Blackstone Solicitors, we can assist testators in making robust wills that are less vulnerable to dispute.
The Role of Solicitors in Undue Influence Cases
In cases of alleged undue influence, solicitors play a critical role in:
- Advising on the strength of the claim.
- Preserving and gathering evidence.
- Using procedural tools such as caveats to protect the estate.
- Negotiating settlements where possible.
- Representing clients robustly in court when necessary.
Our experience in contentious probate means we can guide clients through what can be a complex and emotionally charged process.
Conclusion
Contesting a will due to undue influence is a serious matter, requiring careful investigation and strong evidence. The courts apply a high standard of proof, reflecting the importance of respecting a person’s freedom to dispose of their estate as they wish. However, where coercion has overridden that freedom, the law provides a means to challenge and set aside the will.
At Blackstone Solicitors, we have the expertise to advise both those seeking to challenge a will and those defending against such claims. Whether through early negotiation or determined representation in court, our priority is to protect your legal rights and achieve a fair outcome.
How we can help
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of writing a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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