Undue Influence in a Will: What It Means and How to Challenge It
When a loved one’s final wishes depart from what you anticipated and an unexpected beneficiary stands to gain, undue influence in a will may be at work.
This covert form of pressure can distort the true intentions of someone at their most vulnerable, sparking family conflict and lengthy court battles.
Gaining clarity on how undue influence operates is key to preserving your loved one’s legacy and ensuring their authentic voice is heard.
What Does Undue Influence Mean?
Undue influence arises when someone close to the testator (the person who makes the will) applies coercion strong enough to override their independent judgment.
If you’re looking to define undue influence, it is the replacement of the testator’s free will with the interests of another.
Unlike heartfelt advice from a family member, undue influence strips away autonomy and replaces it with pressure or manipulation.
English law requires proof that the testator’s free will was compromised.
Because direct admission of coercion is rare, litigants must often piece together circumstantial evidence to demonstrate how the testator’s decisions were manipulated.
Undue Influence in a Will: Warning Signs
Sometimes, sudden and dramatic alterations to a will close to the testator’s passing point to interference.
When a person who once played no significant role in the individual’s life emerges as the principal beneficiary, suspicions should arise.
Extended periods during which the testator is kept away from friends, family gatherings, or even legal advisors can signal that someone is isolating them to control their decision-making.
Moreover, any indication that the testator suffered from mental decline, substantial illness, or emotional dependency intensifies the concern that their capacity to make free and informed choices was impaired.
How to Prove Undue Influence in a Will
Bringing an undue influence claim means shouldering a demanding burden of proof.
Courts consistently seek credible documentary and testimonial evidence to back allegations.
Medical records that record cognitive difficulties or treatment for undue stress can be pivotal. Statements from witnesses who observed the testator’s interactions with the alleged influencer help paint the broader context.
Detailed notes from the solicitor who drafted the will may reveal anomalies in how the document was explained and executed.
A robust case combines these diverse strands of evidence to persuade the court that the testator’s will did not truly reflect their own desires.
What to Do if You Suspect Undue Influence
If doubt clouds the legitimacy of a loved one’s will, begin by gathering every piece of relevant documentation.
Medical files, correspondence and solicitor notes should be compiled carefully.
Next, enlist a contentious probate lawyer, as their expertise will guide the strategy for collecting evidence and lodging a formal challenge. They can assist with obtaining the necessary documents.
Confronting the suspected influencer directly can backfire, jeopardising both the relationship and the legal position, so allow your legal representative to handle any necessary communications.
In some cases, mediation offers a less adversarial path to resolution, potentially preserving family ties and avoiding the high cost of protracted litigation.
How to Prevent Undue Influence in Estate Planning
Prevention always beats cure.
Encouraging open conversations about estate intentions helps reduce misunderstandings later.
Involve multiple trusted advisors and ensure every will revision is documented in writing, with clear explanations recorded of why changes were made.
Periodic reviews, particularly after major life events, maintain transparency and deter attempts at undue persuasion.
By taking these proactive steps, families can uphold confidence that the testator’s genuine wishes will guide the distribution of their estate, free from manipulation or coercion.
Contact Bennett Griffin
If you believe a loved one’s will may have been affected by undue influence, we’re here to help.
Our experienced wills disputes team can guide you through every step of a probate dispute with sensitivity and expertise.
To discuss your situation in confidence, please contact our Worthing team or Chichester office today.