Undue influence is a notoriously difficult ground on which to challenge the validity of a Will.
However, difficult does not mean impossible.
Why is it so difficult to prove undue influence?
The manipulation it takes to coerce someone to change or make a Will that goes against their intentions usually takes place behind closed doors, with no one else around to see or hear what is happening.
This makes it incredibly difficult to provide proof of actual undue influence (i.e. a deliberate act of illegitimate persuasion
The law in England and Wales places the principle of testamentary freedom in very high regard, meaning that they require very strong evidence of undue influence to overturn a testator’s Will.
An adult is presumed to have free will and therefore is fully entitled to leave whatever they own to whoever they want.
Granted, sometimes that decision can feel unfair or unexpected to disappointed family members who assumed they would be a beneficiary of the estate, but it doesn’t make it wrong.
What some people fail to recognise is that there is a line drawn between persuasion and undue influence or coercion.
While it may not be ethical or moral, there is no law against persuasion or making an emotional appeal to a loved one to convince them to leave you part or all of their estate.
Where you cross that line into coercion is when someone applies pressure so strong that the testator is no longer acting voluntarily, but instead out of fear, dependency, intimidation or exhaustion.
Examples of this could be:
- Withholding care or threatening to withdraw support
- Using emotional manipulation
- Engaging in intimidation or abusive behaviour
- Restricting contact with others to create dependency
- Taking advantage of cognitive decline or vulnerability
If you suspect undue influence and want to make a claim, it will be your responsibility to provide the evidence.
What evidence do you need to prove a Will was signed under pressure?
As the actions linked to undue influence tend to happen privately, the chance of having direct evidence is next to none.
Knowing this, the courts will look at evidence that points to patterns, circumstances and behaviour indicating coercion.
Examples of evidence include:
- A sudden change to a Will, particularly if it is very close to the death date, that disproportionately benefits the person accused.
- Attendance notes from the solicitor to establish the source of instructions, confirm the testator’s independence and identify if a beneficiary was in the room.
- Medical records that demonstrate the testator’s mental capacity, physical dependency or vulnerability to influence.
- Witness statements from friends, family, neighbours or carers that demonstrate changing relationships or that the testator was intentionally isolated.
However, the best evidence of coercion will be any letters, text messages, recordings or emails that clearly show the person was threatened or put under pressure.
If a Will is proven to have been signed under undue influence, what happens next?
If a court finds that a Will was made under undue influence, it is declared invalid.
The estate then passes under any earlier valid Will or under the intestacy rules if no prior Will exists.
How we can support you with undue influence claims
Whether you’re concerned that a Will was made under pressure or you’re defending an allegation of undue influence, we encourage you to get specialist contentious probate advice as soon as possible to protect your family’s legacy.
Get in touch with our Contentious Probate team today.