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A will should reflect the true intentions of the person making it. Where pressure, coercion or manipulation has overridden that freedom, a claim for undue influence may arise.
If such a claim succeeds, the will, or the affected provisions, may be declared invalid.
Our team specialises in wills and probate disputes, advising on undue influence claims of varying size and complexity, representing claimants and also defendants. Our team are specialists, highly accredited and experienced, providing clear strategic advice and effective representation at every stage.
An undue influence claim is usually brought by someone who would benefit if the disputed will (or part of it) were set aside.
This may include:
A beneficiary under an earlier will
A person entitled under the intestacy rules (if no earlier will)
A disappointed beneficiary whose entitlement has been reduced from an earlier will
A personal representative seeking the court’s direction
Standing to bring a claim depends on whether you have a financial interest in the outcome. Early advice is essential to confirm entitlement and assess prospects.
These claims are fact-sensitive and evidentially demanding. The burden of proof rests on the person bringing the claim.
We provide structured advice and representation throughout:
Initial case assessment - Careful review of the will, prior testamentary documents, relationships and surrounding circumstances to determine whether a viable claim exists.
Evidence gathering and analysis - Obtaining medical records, solicitor attendance notes, correspondence and witness statements to assess whether coercion can be established.
Strategic advice on risk and prospects - Clear assessment of evidential hurdles, litigation risk, proportionality and likely outcomes.
Pre-action steps and negotiation - Engaging with other parties to explore settlement before proceedings are issued.
Court proceedings - Representation in litigation where resolution cannot be achieved by agreement.
Defending claims - Advising executors and beneficiaries who face allegations of undue influence.
Undue influence arises where a testator’s free will has been overridden by improper pressure.
To succeed, it must be established on the balance of probabilities that:
Improper pressure was exerted
The testator’s independent judgment was overridden
The will does not reflect their true intentions
The courts approach undue influence claims cautiously. Clear and convincing evidence is required.
Each case depends on its facts, but potential warning signs include:
Sudden changes to a long-standing will without good reason
Isolation from family or trusted advisers
A beneficiary receiving a disproportionate benefit
A beneficiary arranging, attending and providing instructions during the will appointment
The testator appearing fearful, dependent or vulnerable
Serious illness or reduced capacity increasing susceptibility to pressure
These factors alone do not prove undue influence but may justify investigation.
Delay may affect the availability of evidence and procedural options, including the ability to enter a caveat. Early advice preserves strategic flexibility.
If you believe a will was procured by undue influence, or if you are facing such a claim, our specialist lawyers can advise.
We offer a confidential, no-obligation initial discussion to assess your position and outline next steps.
Please do call us or email to discuss your situation.
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9am to 5pm
We also have a number of specialist lawyer consultants who may not be featured below. Use the search function below if you want to find other lawyers for this legal service.
Many claims resolve within 6–12 months through negotiation. Contested court proceedings may take 12–24 months.
Costs depend on the complexity of the dispute and whether the matter settles early. We provide clear estimates at the outset.
Yes, but it is generally more complex and potentially more expensive. Early action is preferable.
Undue influence can be proved through circumstantial evidence. We assess whether sufficient material exists to justify proceeding.
Not necessarily. Many will disputes resolve through negotiation or mediation. Litigation is pursued where appropriate.
If a claim succeeds, the court may:
• Declare the entire will invalid
• Admit an earlier valid will to probate
If the claim fails, the will remains valid. The court will also determine liability for legal costs.
Undue influence claims do not usually involve compensation. Instead, the financial impact depends on what would apply if the disputed will is set aside.
The value of the claim is typically the difference between:
• What the claimant receives under the disputed will; and
• What they would receive under an earlier valid will or under the intestacy rules.
We assess this at an early stage to ensure proportionality and to inform strategic decision-making.
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Call our team or fill out the form below and we will get back to you as soon as possible.
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9am to 5pm
