Undue Influence In Will Dispute Claim – Coles v Reynolds & Another

In the recent case of Coles v Reynolds and another, the Court were asked to consider whether the Deceased had been unduly influenced when making her most recent Will. The case clarified what is looked at by the Court when assessing whether someone has been unduly influenced.

Coles v Reynolds and another [2020] EWHC 2151 (Ch)

Background

The Deceased was married to Charles James. They had two daughters together being the Claimant (Teresa Ann Coles) and the First Defendant (Heather Christine Reynolds). Charles James died in 2008, leaving some substantial debts.

In 2009, the Claimant became estranged from the Deceased and her sister (the First Defendant).

In 2010, the Deceased approached the Claimant and the First Defendant for assistance in raising the funds to settle Charles’ outstanding debt.

The Deceased, with the assistance of the First Defendant, agreed with the bank to settle the debt in the sum of £20,000.00. This sum was paid by the First Defendant. In consideration for this payment, the Deceased agreed to transfer the First Defendant her half share in the property.

In 2012, the Deceased made a new Will in which she made no provision for the Claimant.

The Claimant pursued a claim against the estate of the Deceased, claiming that the Will was invalid and that the Deceased has been subject to the undue influence of the First Defendant.

What was decided?

The claim ultimately failed with the Court deciding that the Claimant and the Deceased were already estranged prior to the Deceased’s death.

It was further noted that the Deceased had sought independent legal advice and therefore the Court were sufficiently satisfied that there was no undue influence.

Comment

This case confirms that challenging a Will on the basis of undue influence requires much more than simply proving that there are doubts about capacity and that the Will is different than expected. There are much more factors that will be considered by the Court such as:

• The relationship between the parties – with the Court in this particular case having regard to the fact that the Claimant and the Deceased were estranged prior to the Deceased’s death; and
• The obtaining independent legal advice – significant weight was given in this decision to the Deceased obtaining independent legal advice without the First Defendant being present. This case therefore highlights the importance of obtaining independent legal advice where you are able.