Invalid Wills
Our solicitors can help you contest an invalid Will to ensure your loved one’s wishes are carried out.
Undue influence is when a person coerces someone into changing their Will to benefit themselves. Making a claim of undue influence involves a careful analysis of the evidence and therefore requires specialist knowledge of this type of claim. We have the expertise to help you if you think this is the case.
You might suspect undue influence if someone has changed their Will in a way that seems surprising, out of character or distinct from the pattern of previous Wills. These changes might be:
There might be cause for concern if:
By its nature, undue influence usually happens behind closed doors, by people in positions of trust, such as a partner, child or carer. This can make it difficult to prove, and a successful claim will need to show that there’s no other reasonable explanation for the Will being the way it is.
Undue influence is more than just persuasion, which is generally allowed. When looking at a claim of undue influence the court will look for evidence that the deceased would not have made the gifts in the Will without being subject to influence.
We have the experience and knowledge to tackle this complicated area of law. If you think that someone has been pressured or bullied into writing a Will that doesn’t reflect their true wishes, we can help.
Our Wills, Trusts and Estate Disputes team is the largest in the country with offices across the UK, meaning we can support you wherever you are. We have special experience dealing with large and complex estates, including rural properties and international assets.
Undue influence is when someone is pressured into writing a Will, or making changes to their will that, they wouldn’t make if they weren’t being pressured to.
They might do this because they’re afraid of the person putting pressure on them, or simply because they’ve been worn down gradually until they can’t say no anymore.
Undue influence is different to simple persuasion, such as:
While beneficiaries may disagree on how fair it is to persuade or appeal to someone in this way, it is not illegal. For it to count as undue influence, the court needs to find coercion and no other reasonable explanation for the content of the Will.
The court asks for a high standard of evidence on claims for undue influence, and the burden of proof is on the person bringing the claim to show that it did happen, rather than the person accused showing that it didn’t.