Undue Influence on a Will

The creation of a will is a deeply personal act, reflecting an individual’s final wishes regarding their estate. However, concerns occasionally arise over whether the contents of a will were freely decided or improperly influenced. Undue influence is a serious legal issue that can invalidate a will and trigger contentious probate disputes.

At Blackstone Solicitors, we help clients identify, challenge, and defend claims of undue influence, ensuring fairness in the administration of estates.

At Blackstone, we always aim to provide the best service possible. Meticulous in our approach, we will make sure everything is dealt with as you wish and will keep you updated throughout the legal process, ensuring that you always know of any developments.

“Excellent service.”

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What Is Undue Influence?

Undue influence occurs when a person exerts pressure on a testator (the person making the will), overriding their independent decision-making. This influence may not involve threats or violence, it often manifests subtly, through emotional manipulation, dependency, or coercive persuasion.

To invalidate a will on the grounds of undue influence, it must be proven that the testator’s free will was compromised, resulting in provisions they would not otherwise have made.

Common Warning Signs

Claims of undue influence often emerge in situations involving:

Elderly or vulnerable individuals reliant on carers or family
Sudden or unexplained changes to a previously consistent will
Isolation from other family members or trusted advisers
Significant benefit to one party, particularly where a relationship of trust exists

While such signs may raise suspicion, the burden of proof lies with the person challenging the will. The courts require compelling evidence—mere displeasure with the distribution of assets is insufficient.

Legal Approach to Undue Influence Claims

Claims of undue influence are notoriously difficult to prove. Unlike other will disputes, they often hinge on indirect evidence, as testators are no longer alive to explain their intentions. The challenger must demonstrate that the influence exerted went beyond persuasion and amounted to domination or control over the testator’s decisions.

Courts examine:

The vulnerability of the testator
The conduct of the alleged influencer
Circumstantial and witness evidence
Medical or care records indicating cognitive decline or dependence

Where undue influence is successfully proven, the affected will may be set aside in favour of an earlier valid version or intestacy rules.

Preventing Claims of Undue Influence

To avoid future challenges, it is prudent to:

Instruct a solicitor when drafting the will
Ensure proper mental capacity assessments where appropriate
Avoid having beneficiaries present during execution
Record the testator’s reasoning, especially in contentious distributions

Clear documentation and professional oversight reduce the likelihood of disputes and strengthen the legal defensibility of the will.

Supporting Clients with Clarity and Care

At Blackstone Solicitors, we understand the sensitivity and complexity surrounding undue influence. Whether you are concerned about the validity of a loved one’s will or facing a challenge to your own estate planning, our expert team delivers precise, compassionate advice.

Serving clients across England and Wales, we ensure that legacies are respected and protected, with integrity at the heart of every matter.

Our Approach

We place huge emphasis on getting things done properly and efficiently. This is especially true when providing legal advice on undue influence on a will and we have vast experience of this area of law. We take all of the necessary provisions to protect you, your family and your estate ensuring they are properly set out, fulfilling every aim and objective whatever your requirements may be.

Our Services

We can provide help with a wide range of matters relating to wills and inheritance disputes, including:

Get in Touch

Contact us today to discuss any matter relating to undue influence on a will. We can talk about your situation in-depth and get to the bottom of what you need and how we can help. We are here to answer any questions which you have, and we aim to make everything as simple for you as possible.

Our team is approachable and professional, and we will do everything in our power to help you get the outcome you need. Call us on 0330 808 0801 or, if you would prefer us to contact you, leave your details via our online enquiry form.

We offer our services to clients in Manchester, Chester, Cheshire and throughout the rest of the UK. We also have an office in London.