CLOSE SEARCH
Undue influence occurs when someone exerts pressure on the person making a will (the testator) that overpowers their free will, resulting in a will that reflects the wishes of the influencer rather than the testator’s true intentions.
The legal standard for undue influence is high. It requires proof of coercion, not mere persuasion or influence in the ordinary sense. The pressure must be such that the testator did not act freely or independently when making their decisions.
To successfully challenge a will on grounds of undue influence, the claimant must prove:
The testator was pressured or manipulated;
That pressure overrode the testator’s genuine intentions;
The resulting will does not reflect the testator’s free and true wishes.
Not all influence counts as undue. The influence must be so significant that the testator’s decision was not truly their own.
Vulnerability plays a crucial role - age, illness, dependency, and isolation of the testator increase the risk that influence may be deemed undue.
Undue influence can be subtle and psychological, with no overt threats or coercion.
Lack of independent legal advice or presence of interested witnesses may increase suspicion.
Claims often rely on circumstantial evidence - patterns of behaviour, inconsistencies in the will, or sudden changes.
Motive alone is insufficient - the focus is on proof of coercion overriding free will.
It is not unusual for a number of the factors described above and others, to overlap.
Anyone with a financial interest in the estate or who would have inherited under a prior will or intestacy can bring a claim. This often includes disinherited family members or potential beneficiaries.
Claimants carry the burden of proof, needing to provide clear and convincing evidence that undue influence occurred.
Claims of undue influence which go all the way to trial create significant risk for both claimant and defendant, as the outcome will be all or nothing. If the claim is successful, the entire will is invalidated. The estate is then distributed under a previous valid will or, if none exists, under the intestacy rules.
Common evidence and tactics involved in defending an undue influence claim include :-
Evidence suggesting the testator’s independence and mental capacity;
Evidence of independent legal advice or solicitor involvement;
Objective records such as correspondence, medical records, or attendance notes;
Consider applying for a strike-out if the claim lacks substance.
A caveat is a formal notice preventing the grant of probate and buying time for investigation. It forces executors to alert potential claimants before proceeding.
Caveats are tactical tools but must be used responsibly. Improper use can lead to adverse cost consequences.
Due to the high evidential threshold and emotional complexities, many undue influence disputes settle out of court.
Mediation is encouraged to reach pragmatic resolutions, balancing evidence, costs, and relationships.
When a will includes an unexpected beneficiary outside the testator’s close circle, this triggers obvious suspicion but not legal inference. Courts and challengers will examine:
The nature of the relationship;
Whether the beneficiary exerted influence or stood to gain unfairly;
Circumstances around the will’s preparation and signing.
This scenario often leads to undue influence allegations, particularly where there is isolation or lack of independent advice.
A will or codicil which excludes or reduces a relative’s share which had been included in a previous will can provoke challenges. In this situation, an aggrieved relative has a potentially less risky option and/or additional option to claiming undue influence, by claiming reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act;
We are experienced in advising claimants and also defendants in undue influence claims. Our experience includes :-
Assessing legal merit and advising on strategy;
Assisting with caveats and responses;
Drafting claim and defence documents and preparing evidence;
Representing clients in mediation and court;
Advising on alternative claims such as reasonable provision.
Get in touch
If you would like to speak with a member of the team you can contact us on:
Associate Solicitor - Wills and Probate Disputes
Georgia studied Law as an undergraduate at Cardiff University between 2012 and 2015, before going on to complete the Legal Practice Course at the University of Law, Guildford, in 2016. Georgia then went on to work for a long established multi-office Lo...
