Making a will is one of the most important legal acts a person can undertake. It allows individuals to set out how their estate should be distributed after death, ensuring that their wishes are respected and their loved ones are provided for. However, for a will to be valid, it must be made freely and voluntarily. If someone has been coerced or manipulated into making a will that does not reflect their true intentions, the law may deem that undue influence has occurred.
Undue influence is a complex and often contentious area of probate law. It strikes at the heart of testamentary freedom and can lead to serious disputes among family members, carers, and beneficiaries. At Blackstone Solicitors, we regularly advise clients across England and Wales on both bringing and defending claims involving undue influence. This article explores what constitutes undue influence in a will, how it is identified, and what legal remedies are available.
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Defining Undue Influence
Undue influence in the context of wills refers to pressure that overrides the free will of the testator—the person making the will. It is not enough to show that someone influenced the testator’s decisions; the influence must be so strong that it effectively replaces the testator’s own judgment with that of another.
The courts have consistently held that undue influence involves coercion. As stated in the case of Edwards v Edwards [2007], the influence must be such that the testator is not acting of their own volition but is instead being forced to act against their true wishes.
Importantly, undue influence does not require physical force or threats. It can be subtle, psychological, or emotional. It often arises in relationships of trust or dependency, where one person has the ability to manipulate or control another.
Common Forms of Undue Influence
Undue influence can take many forms, and it is often difficult to detect. Some of the most common scenarios include:
- Isolation of the testator: Preventing the testator from seeing family or friends, thereby limiting their sources of advice or support.
- Emotional pressure: Using guilt, fear, or affection to sway the testator’s decisions.
- Control over finances or care: Exploiting a position of power, such as managing the testator’s money or acting as their carer.
- Exclusion of others: Encouraging the testator to cut out certain beneficiaries without reasonable explanation.
- Manipulation during illness or vulnerability: Taking advantage of cognitive decline, physical frailty, or dependency.
These behaviours may not always be overt, but they can have a profound impact on the testator’s ability to make independent decisions.
Legal Requirements for a Valid Will
To understand undue influence, it is helpful to consider the legal requirements for a valid will under English law. A will must be:
- Made voluntarily: The testator must act of their own free will.
- Made with capacity: The testator must understand the nature and effect of the will.
- Made with knowledge and approval: The testator must know and approve of the contents.
- Properly executed: The will must be signed and witnessed in accordance with the Wills Act 1837.
If undue influence is proven, it undermines the requirement of voluntariness and may also cast doubt on the testator’s knowledge and approval.
Proving Undue Influence
Proving undue influence is notoriously difficult. The testator is no longer alive to give evidence, and the alleged coercion often occurs in private. The burden of proof lies with the person challenging the will, and the standard is high: they must provide clear and convincing evidence.
The courts will consider a range of factors, including:
- The nature of the relationship between the testator and the alleged influencer
- The circumstances in which the will was made
- The presence or absence of independent legal advice
- The testator’s physical and mental condition
- The content of the will and any sudden or unexplained changes
- Witness statements from family, friends, or professionals
- Medical records and expert assessments
It is not enough to show that the testator was persuaded or influenced. The influence must amount to coercion that overpowers the testator’s free will.
Suspicious Circumstances
While undue influence must be proven, certain circumstances may raise suspicion and warrant further investigation. These include:
- A new will that significantly departs from previous versions
- A will that disproportionately benefits one person, especially someone in a position of trust
- The exclusion of close family members without explanation
- The involvement of the beneficiary in the preparation or execution of the will
- The absence of independent legal advice
- The testator’s vulnerability due to age, illness, or dependency
These factors do not prove undue influence on their own, but they may support a claim when combined with other evidence.
Remedies and Consequences
If a court finds that a will was made under undue influence, it will declare the will invalid. The estate will then be distributed according to the most recent valid will. If no earlier will exists, the estate will be administered under the rules of intestacy.
This can have significant consequences for beneficiaries, executors, and family members. It may result in the redistribution of assets, the appointment of new executors, and the reopening of probate proceedings.
In some cases, parties may seek to resolve disputes through negotiation or mediation, avoiding the cost and stress of litigation.
Defending Against Allegations
If you are accused of exerting undue influence, it is essential to respond promptly and constructively. Allegations can damage reputations and delay the administration of the estate.
Defences may include:
- Evidence that the testator acted independently
- Proof of legal advice and proper execution of the will
- Witnesses who can confirm the testator’s intentions
- Medical assessments confirming capacity and understanding
- Documentation of the testator’s wishes over time
At Blackstone Solicitors, we provide robust representation for clients facing undue influence claims. We understand the emotional and reputational stakes and work to protect your interests with discretion and professionalism.
Preventing Undue Influence Claims
Many undue influence disputes can be avoided through careful planning and documentation. Consider the following best practices:
- Encourage independent legal advice: Ensure the testator consults a solicitor who is not connected to the beneficiaries.
- Document the testator’s wishes: Keep records of discussions, instructions, and reasons for changes to the will.
- Avoid involvement in the drafting process: Beneficiaries should not be present during the preparation or signing of the will.
- Consider medical assessments: If the testator is elderly or unwell, a capacity assessment can provide valuable evidence.
- Appoint a professional executor: This can help ensure impartiality and reduce the risk of disputes.
These steps can help demonstrate that the will was made freely and voluntarily, reducing the likelihood of future challenges.
How Blackstone Solicitors Can Help
Undue influence claims require expert legal knowledge, strategic advice, and sensitive handling. At Blackstone Solicitors, we offer:
- Initial assessments of potential undue influence claims
- Representation in probate disputes and court proceedings
- Advice on defending allegations and preserving reputations
- Support with mediation and alternative dispute resolution
- Drafting and reviewing wills to minimise future risks
We serve clients across England and Wales and are committed to upholding testamentary freedom while protecting vulnerable individuals from exploitation.
Conclusion
Undue influence in a will is a serious matter that can undermine the integrity of the estate and lead to complex legal disputes. Whether you are concerned about the validity of a will or facing allegations yourself, it is essential to seek professional advice.
At Blackstone Solicitors, we understand the legal, emotional, and practical challenges involved in undue influence claims. Our experienced team is here to guide you through the process, protect your interests, and ensure that justice is done.
If you would like to discuss a potential undue influence claim or review the validity of a will, contact our team for a confidential consultation.
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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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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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