Undue Influence

A Will that has come into being as a result of undue influence is not valid because it does not reflect the testator’s (the person making the Will) intentions. Undue influence is generally concerned with coercion, and although challenges to Wills on the grounds of fraud fall into this umbrella term, Fraud and Fraudulent Calumny are different areas of the law.

Undue influence is coercion that goes beyond persuasion, appeals to ties of affection or pity for future financial circumstances (all of which the Court deems to be legitimate). Undue influence occurs when somebody overpowers the free will of the person making the Will without convincing their judgment. Crucially, undue influence in challenges to Wills is a different legal test to undue influence in lifetime transactions.

In these cases, the key witness would be the deceased or the person that has influenced the deceased, but the Court will consider evidence in the round to answer the question “Is undue influence the most likely theory as to how this Will has been brought into being?”. Evidence can take many forms, and will always include witness statements.

Specialist Wills Solicitors

If you suspect that a Will has been made as a result of undue influence, we can consider the circumstances, what evidence might be available and what the merits of a challenge to a Will under this ground (as well as any others) might be.

We can also assist in collating the evidence, taking witness evidence and reviewing previous Will files to examine the departure from a previous Will making pattern.

Our team has vast experience in making and defending claims that challenge the validity of a Will on all grounds, including undue influence.