When a loved one dies, families usually expect their estate to be distributed in line with the wishes set out in their will. However, in some cases, the contents of a will can come as a shock. Beneficiaries may feel that the will does not reflect what the deceased had always intended, or that it unfairly favours one person over others. This can lead to suspicions that the deceased was pressured or manipulated into making decisions they did not truly want. This situation is often described as undue influence. Claims of undue influence are among the most serious and complex types of probate dispute. They strike at the heart of whether the will genuinely represents the testator's free will. Understanding what undue influence is, how it can be proved, and what evidence is required is essential for anyone considering challenging a will on this basis.
Undue influence occurs when a person exerts pressure on the testator to such an extent that the testator's own free will is overborne. The resulting will does not reflect the testator's genuine intentions but instead benefits the person applying the pressure or someone connected to them.
In probate law, undue influence is distinct from persuasion or influence in the ordinary sense. It is natural for people to be influenced by family members, friends or carers. Undue influence goes much further. It involves coercion, domination or manipulation that deprives the testator of genuine choice.
Because allegations of undue influence are serious and can invalidate a will entirely, courts approach such claims with caution. The burden of proof lies with the person making the allegation, and the standard of evidence required is high.
If a will is successfully challenged on the grounds of undue influence, it may be declared invalid. This has significant consequences for probate. If there is an earlier valid will, probate may proceed based on that document instead. If there is no earlier will, the estate may be distributed under the intestacy rules.
Undue influence claims often delay probate substantially. Executors may be unable to apply for probate, or the probate process may be paused while the dispute is resolved. Assets can remain frozen for long periods, causing stress and uncertainty for beneficiaries. This is why early legal advice is critical when undue influence is suspected.
Undue influence claims often arise in circumstances where the testator was elderly, ill or dependent on someone else. This may include reliance on a carer, a close relative or a friend for daily support. Where a will is changed late in life and benefits the person providing that support, suspicions may arise.
Claims may also emerge where one beneficiary appears to have been heavily involved in the will-making process. For example, if a beneficiary arranged solicitor appointments, attended meetings, or communicated instructions on the testator's behalf, this can raise concerns.
Another common scenario involves isolation. If the testator was cut off from other family members or discouraged from maintaining relationships, this may support an allegation of undue influence.
It is important to distinguish undue influence from lack of testamentary capacity. A person may have full mental capacity to make a will but still be subjected to undue influence. Conversely, a person who lacks capacity cannot make a valid will at all, regardless of influence.
In practice, probate disputes often involve allegations of both undue influence and lack of capacity. Medical evidence, solicitor attendance notes and witness statements may be used to assess both issues. Each ground must be proved separately, and success on one does not automatically mean success on the other.
Proving undue influence is challenging because it often occurs behind closed doors. There is rarely direct evidence of coercion, and claims usually rely on a combination of circumstantial evidence and inference.
Courts look at the overall picture. They consider the relationship between the testator and the alleged influencer, the testator's vulnerability, and whether the will represents a significant or unexpected change from previous arrangements. Evidence of pressure, control or manipulation is key.
'Undue influence claims are among the most difficult probate disputes to prove. The court must be satisfied that the testator's free will was overridden, not simply that they were persuaded or influenced by someone they trusted.' - Premier Solicitors - Nina Chahal
Evidence is central to any undue influence claim. Medical records can be crucial, particularly where the testator was frail, unwell or cognitively impaired. These records help demonstrate vulnerability, even if the testator technically retained capacity.
Solicitor attendance notes are often highly significant. These may show who gave instructions, whether the testator appeared independent, and whether any third party was present during discussions. A solicitor's evidence can carry considerable weight in court.
Witness statements from family members, friends, carers or neighbours may also be relevant. These can describe changes in behaviour, isolation from loved ones, or expressions of concern made by the testator during their lifetime.
Financial records can provide further insight. If a beneficiary gained increasing control over the testator's finances or benefited from gifts or transfers before death, this may support an allegation of undue influence.
While suspicious circumstances alone are not enough to prove undue influence, they can support a claim when combined with other evidence. Courts may consider whether the will was prepared urgently, whether it was inconsistent with long-held intentions, or whether the testator appeared fearful or reluctant.
The involvement of the main beneficiary in drafting or executing the will is often closely scrutinised. Although not automatically improper, it can raise questions that require explanation.
There is no strict limitation period for bringing an undue influence claim, but delay can weaken a case. Evidence becomes harder to obtain over time, and witnesses' recollections may fade. Probate may also proceed in the meantime, making recovery of assets more complicated.
Where undue influence is suspected, it is usually advisable to raise concerns as early as possible, ideally before probate is granted. In some cases, a caveat can be entered to prevent probate being issued while investigations are carried out.
Undue influence claims are often emotionally charged and can strain family relationships irreparably. They can also be costly and time-consuming. Because the burden of proof is high, unsuccessful claims may result in adverse costs orders.
For this reason, it is vital to assess the strength of the evidence before proceeding. Specialist legal advice helps ensure that claims are brought responsibly and with a clear understanding of the risks involved.
Undue influence is a serious allegation that goes to the validity of a will. Successfully proving it requires strong, compelling evidence that the testator's free will was overridden. While such claims are difficult, they play an important role in protecting vulnerable individuals and ensuring estates are distributed fairly.
Because undue influence claims directly affect probate, they can cause significant delays and uncertainty. Early legal advice, careful evidence gathering and a clear strategy are essential for anyone considering this type of challenge.
At Premier Solicitors, we have extensive experience advising clients on undue influence claims and other contentious probate matters. We understand how distressing these situations can be and provide clear, practical advice tailored to each case.
Our team can assess the strength of a potential claim, gather and analyse evidence, and represent you throughout the probate dispute process. We act for both beneficiaries and executors, always with the aim of achieving a fair and lawful outcome.
If you are concerned that a will does not reflect your loved one's true wishes, contact Premier Solicitors today. We are here to guide you through the complexities of undue influence claims with sensitivity, professionalism and expertise.
Read more blog posts which Nina has written for this website.
