Challenging a Will your relative was pressured into making

What is undue influence?

Undue influence occurs when someone coerces the testator (the person making the Will) to change their wishes or make decisions they otherwise wouldn’t have made.

This can happen through emotional manipulation, threats, or even physical coercion.

The result? A Will that doesn’t reflect the true intentions of the person who made it.

As a solicitor, I’ve seen this play out in various scenarios, whether it’s a vulnerable elderly relative being coerced by a carer or family member, or someone feeling pressured into making decisions because of fear of isolation or conflict.

Can you challenge the Will?

If you suspect your loved one was pressured into creating or altering a Will, you do have the right to contest it.

However, the burden of proof is on you to demonstrate that the person writing it was coerced by someone else.

Courts are generally reluctant to interfere with a person’s wishes as outlined in their Will, so the evidence you provide must be compelling.

Concerns typically arise if the Will ends up looking very different from what you’d expect based on the deceased’s previous wishes or what seems fair for the estate.

Now, these changes alone don’t automatically mean undue influence was involved, but they can certainly raise red flags.

For example, perhaps you’ve noticed that someone who wasn’t originally included has suddenly become a beneficiary, or a person who was set to inherit a small portion somehow ends up with a much larger share.

If you do plan to contest, I recommend starting by gathering any relevant documentation or information that may support your claim.

This could include medical records showing the testator’s mental capacity at the time it was made, or correspondence that indicates they were under pressure.

Any witnesses who observed the behaviour of the person exerting influence can have a big impact on the case.

The burden of proof

It’s important to note that proving undue influence goes beyond just showing the person was persuaded or influenced by someone else. Influence only becomes ‘undue’ when it crosses the line into coercion or manipulation.

One of the biggest challenges when trying to prove the individual was coerced is that it’s typically done in private, making it harder to spot or prove later on.

To successfully challenge a Will on the grounds of undue influence, you’ll need to show that there’s no other reasonable explanation for the changes made.

There are three main factors courts will look at for these steps of cases:

• The vulnerability of the testator – Were they in a weakened state, either physically or mentally, making them more susceptible to pressure?
• The relationship dynamics – Was the person influencing the testator in a position of power or trust, such as a carer or a close relative?
• Actions and behaviour –Did the person benefiting from the Will actively participate in its preparation, for example, by suggesting changes or arranging legal meetings?

In my experience, these are all critical elements that will help demonstrate that it does not reflect the true wishes of your loved one.

What should you do if you suspect undue influence?

The first piece of advice I always give clients is to act quickly.

The longer you wait, the harder it can be to successfully challenge the Will.

While it’s still possible to challenge it after probate, it becomes much more complicated – especially if the estate has already been distributed to the beneficiaries.

A good starting point is to reach out to the solicitor who drafted the Will. They might have valuable insights into the circumstances surrounding its creation or whether they noticed anything unusual.

However, do keep in mind that solicitors are bound by confidentiality and may only share limited information unless court proceedings are initiated.

Is mediation an option?

In some cases, families can resolve disputes about a Will through mediation.

Mediation allows all parties to come together with a neutral third party to discuss and address their concerns without the lengthy (and expensive) court proceedings.

However, if mediation is unsuccessful or inappropriate for your situation, the next step is to seek legal advice from a solicitor experienced in contesting Wills.

You’ll want someone who can assess the strength of your case and help you gather the necessary evidence.

Can a Will be invalidated?

If undue influence is proven in court, the Will can be declared invalid, and the estate may be distributed according to an earlier Will or the rules of intestacy if no previous version exists.

It’s important to be prepared for the fact that contesting a Will can be a lengthy process, and the emotional toll on family relationships can be significant.

However, if you believe that your loved one’s true wishes have been disregarded, challenging it may be the best course of action to ensure that justice is done.

How we can help

If you find yourself in this situation, remember you don’t have to face it alone.

Seeking legal advice early can help you understand your options and the likelihood of success.

At Alsters Kelley, we have years of experience handling intricate cases like these and know exactly how to manage them.

Please get in touch with our dispute team for further guidance and tailored advice on contesting Wills.