Undue influence occurs when someone pressures or coerces a person into making decisions about their will that they would not have made freely. It undermines the principle that a will should reflect the true intentions of the person making it (the “testator”).
In cases involving undue influence, the court may decide that the will—or specific parts of it—are invalid. This can have significant implications for how the estate is distributed.
This article explains undue influence in probate cases, what signs to look for, and how to challenge a will if you suspect undue influence.
Definition of Undue Influence – Types and Distinctions
In English probate law, undue influence must be proven to have been actual and coercive, not merely suspected or presumed. Unlike cases involving lifetime gifts or transactions (such as transfers of property or bank accounts), there is no presumption of undue influence simply because of a close relationship.
In probate disputes:
- Undue influence requires proof of coercion, meaning the testator’s free will was overborne.
- Mere persuasion or influence is not enough. The testator may have been influenced by others, but unless it amounted to coercion, the will stands.
- No automatic presumption of influence exists, even if there was a relationship of trust or dependency.
This distinction is critical because people often confuse undue influence in wills with the concept of presumed undue influence in lifetime transactions (e.g., between a parent and child or solicitor and client).
Burden of Proof: Who Must Prove Undue Influence?
The burden of proving undue influence in probate lies with the person challenging the will. The standard is the civil standard—on the balance of probabilities—but the evidence must be particularly strong because the allegation is serious and often involves a deceased person who cannot testify.
Key Points:
- The challenger must show that coercion took place.
- The court requires clear and convincing evidence because undue influence is a serious allegation.
- Suspicion alone is not enough. There must be evidence of pressure that overcame the testator’s free will.
This high standard of proof reflects the gravity of declaring a will invalid and ensures that claims are not made lightly.
How Does the Court Determine Undue Influence?
The courts in England and Wales take undue influence claims seriously but require substantial evidence to prove them. Mere suspicion or the opportunity to exert influence is not enough.
Key factors courts consider include:
1. Vulnerability of the Testator
- Was the testator elderly, frail, or mentally unwell at the time the will was made?
- Did they depend on the alleged influencer for care or companionship?
2. Relationship Between Testator and Beneficiary
- Did the person accused of undue influence hold a position of trust (e.g., caregiver, family member, or solicitor)?
- Was the testator isolated from other family members or advisors?
3. Changes to the Will
- Were there sudden or dramatic changes that favoured one person disproportionately?
- Did the new will depart significantly from previous versions without explanation?
4. Involvement in the Will’s Creation
- Was the alleged influencer present at meetings with the solicitor?
- Did they play a role in arranging or drafting the will?
Courts may rely on evidence such as:
- Medical records showing the testator’s physical or mental health.
- Testimonies from family members, friends, or the solicitor who drafted the will.
- Correspondence or notes made by the testator about their intentions.
Case Law Examples: How Courts Approach Undue Influence
To understand how courts handle undue influence claims, it’s helpful to examine key cases:
1. Rea v Rea [2024] EWCA Civ 169
In this case, four siblings disputed their mother’s will, which heavily favoured one child. The other siblings claimed undue influence, but the Court of Appeal ruled against them, finding that suspicion and family discord alone were insufficient. The court emphasised that clear evidence of coercion is required. This case highlights how courts prioritise evidence over family disputes.
2. Edwards v Edwards [2007] EWHC 1119 (Ch)
In this case, the court found undue influence when a son manipulated his elderly mother into disinheriting his brother by feeding her false stories about him. The judge ruled that the son’s actions amounted to coercion, not just persuasion. The will was declared invalid.
3. Hall v Hall (1868)
This historic case established that undue influence must mean coercion—”pressure of such a degree that the will was not the voluntary act of the deceased.” Simple persuasion or advice, even from a close family member, does not amount to undue influence.
Distinguishing Mental Capacity from Undue Influence
It’s important to distinguish between mental capacity and undue influence, as they are separate legal issues but can sometimes overlap:
- Mental capacity refers to the testator’s ability to understand their actions and decisions.
- Undue influence concerns whether their free will was overridden.
For example:
A person with full mental capacity could still be coerced into making a will they do not agree with. Conversely, someone lacking mental capacity may make an invalid will without coercion.
Challenges in Proving Undue Influence
Proving undue influence in probate cases is notoriously difficult. The person making the claim must show that:
- The influence was coercive, not just persuasive.
- The testator’s free will was overpowered.
- The undue influence directly led to the terms of the will.
This is challenging because wills are often made in private, and there may be no direct witnesses to the alleged coercion.
How to Challenge a Will on Grounds of Undue Influence
If you suspect undue influence, you can challenge the will by bringing a claim to the court. Here’s how the process typically works:
1. Gather Evidence
Build a case with as much evidence as possible. This might include:
- Medical records showing the testator’s mental and physical state.
- Witness statements from family members, friends, or professionals.
- Solicitor records showing any unusual circumstances during the drafting of the will.
2. Seek Legal Advice
Undue influence claims are complex and require expert guidance. A barrister with experience in contentious probate can assess your case and help you gather the necessary evidence.
3. Issue a Claim
File a claim in the Probate Registry or the High Court to challenge the validity of the will. The court will consider all the evidence and decide whether undue influence occurred.
4. Consider Mediation
Contentious probate disputes can be emotionally and financially draining. Mediation offers a way to resolve the matter without going to trial, saving time and costs.
How to Protect a Will From Claims of Undue Influence
If you’re creating a will and want to minimise the risk of it being challenged on these grounds, consider these steps:
1. Use a Qualified Solicitor
Having your will drafted by an independent solicitor reduces the risk of undue influence claims. They can ensure you understand the decisions you’re making and document any unusual circumstances.
2. Avoid Involvement From Beneficiaries
Beneficiaries should not be present during meetings with your solicitor or involved in the drafting process. This avoids the appearance of undue influence.
3. Medical Evidence
If you are elderly or unwell, obtaining a medical report confirming your capacity can strengthen your will against future challenges.
4. Leave a Letter of Wishes
A letter explaining your decisions and the reasons behind them can provide useful evidence if the will is later contested.
FAQs About Undue Influence in Wills
1. What happens if a will is invalidated due to undue influence?
If the court invalidates a will, the estate will be distributed under the terms of a previous valid will. If no earlier will exists, the estate will be distributed according to the rules of intestacy.
2. Can undue influence occur if the testator had full mental capacity?
Yes. A person can have capacity but still be coerced or manipulated into making decisions against their free will.
3. How long do I have to challenge a will?
You must challenge a will before the estate is fully administered. It’s best to act quickly and seek legal advice as soon as possible.
How I Can Help
Challenging a will on the grounds of undue influence requires expertise in contentious probate and a thorough understanding of the legal process. As a barrister specialising in wills and probate disputes, I can:
- Advise on the strength of your claim.
- Help gather evidence to support your case.
- Represent you in court or during mediation to resolve the dispute.
Take the Next Step
If you suspect undue influence in the making of a will, don’t wait to take action. Contact me today to discuss your case and explore your legal options.
Visit my contact page to schedule a consultation. Let’s work together to ensure justice is served.
