What is Undue Influence?
One method of challenging the validity of a Will is on the ground that the deceased was unduly influenced. Undue influence means that they did not make the Will of their own free will.
To establish the ground of undue influence, it must be established on the balance of probabilities that the deceased was forced or coerced by another person into making and executing the Will in question.
Examples of undue influence:
- Threats
- Violence
- Controlling behaviour
- Isolation
This ground is notoriously difficult to rely on when challenging the validity of a Will because a significant amount of evidence is required. It must be evidenced that the deceased would not have written their Will in that way had it not been for them being unduly influenced. This can be difficult as the deceased has already passed away by the time such a claim may arise, and they cannot provide evidence as to their intentions when they made the Will or if they were free from coercion or force at the time.
Case example: Rea v Rea & Ors [2023] EWHC 1901 (Ch)
Background
In the case, Rea v Rea & Ors, three brothers challenged the validity of their Mother’s 2015 Will which left her house solely to their sister and divided the rest of the estate equally between her four children. The brothers argued that their sister unduly influenced their Mother into changing her 1986 Will which left her entire estate equally to her four children.
Although this case was dismissed at first instance, on appeal the Judge held that the deceased was in fact unduly influenced by her daughter who coerced her Mother to change her Will.
The Judge made this decision because of the deceased’s vulnerability and reliance on her daughter. Additionally, the deceased’s daughter made the arrangements for the 2015 Will to be made. The Judge also believed the language expressed in the Will, particularly that any challenges to the Will’s validity be fought by the executors of the deceased’s estate, was not language the deceased would have used but rather the daughter. Based upon these factors the Judge held that the deceased was pressured by her daughter into making the 2015 Will. As a result, the 2015 Will was declared invalid and the earlier 1986 Will was restored.
For a detailed account of this case, see our previous blog.
How can Nelsons help
Amrik Basra is a Trainee Solicitor in our Private Litigation team.
At Nelsons, our team specialises in these types of disputes and includes members of The Association of Contentious Trust and Probate Specialists (ACTAPS). The team is also recommended by the independently researched publication, The Legal 500, as one of the top teams of specialists in the country.
If you have concerns about the validity of a Will, please contact Amrik or a member of our expert Dispute Resolution team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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