The loss of a loved one is an emotionally challenging time, and discovering that their will may have been influenced by coercion or manipulation can add further distress.
Undue influence in wills undermines the testator’s true intentions and can lead to unfair distribution of their estate. At Van Eaton Solicitors, we understand the complexities of these cases and are here to provide expert legal guidance with compassion and care. In this article, we explore what undue influence is, how to recognise it, and the steps you can take to challenge a will affected by it.
What is Undue Influence?
Undue influence occurs when someone coerces or manipulates the testator (the person making the will) into making decisions that do not reflect their true wishes. This often involves exploiting a position of trust or power, such as in caregiver-patient or family member-dependent relationships.
It’s important to distinguish undue influence from simple persuasion. While it’s natural for family members to express their wishes, undue influence crosses the line into manipulation, depriving the testator of their free will. For example, a caregiver might pressure a vulnerable elderly person to leave them a significant portion of their estate, overriding their original intentions.
Signs and Examples of Undue Influence
Recognising undue influence can be challenging, as it often occurs behind closed doors. However, there are common signs to watch for:
- Sudden or Unexplained Changes to the Will: A previously fair and consistent will is altered significantly, often to benefit one individual disproportionately.
- Isolation of the Testator: The testator is deliberately isolated from family and friends, limiting their ability to seek independent advice.
- Influencer’s Presence During Will Preparation: The influencer is present during discussions about the will or during its signing, creating pressure or intimidation.
- Testator’s Poor Physical or Mental Health: Conditions like dementia, frailty, or illness can make the testator more vulnerable to manipulation.
Real-Life Example
In the case of Nicholson v Knaggs (2009), a vulnerable testator was manipulated by neighbours into altering their will, leaving the majority of their estate to them instead of charities. The court found evidence of undue influence, highlighting how exploitation can occur even outside family relationships.
Legal Burden of Proof in Undue Influence Cases
Challenging a will on the grounds of undue influence requires proving that coercion occurred. The burden of proof lies with the party contesting the will, and there are two main types of undue influence:
- Actual Undue Influence: Direct evidence of coercion, such as witness testimonies or correspondence showing manipulation.
- Presumed Undue Influence: Established when there is a relationship of trust and confidence (e.g., caregiver-patient), and the will benefits the influencer disproportionately. In such cases, the influencer must disprove the allegations.
Proving undue influence can be difficult due to its covert nature, but gathering strong evidence is key to a successful claim.
Steps to Challenge a Will Based on Undue Influence
If you suspect undue influence, here are the steps you can take:
- Gather Evidence: Collect medical records, witness testimonies, and any correspondence that shows coercion or manipulation.
- File a Claim: Submit a claim in probate court within the statutory time limit (usually 6 months from the grant of probate).
- Present Evidence: Demonstrate that the testator’s free will was overpowered by the influencer.
- Seek Remedies: The court may invalidate specific provisions or the entire will, ensuring a fair distribution of the estate.
In some cases, mediation or alternative dispute resolution (ADR) can help resolve the issue without going to court, preserving family relationships and reducing costs.
Why Prompt Legal Advice is Crucial
Acting quickly is essential if you suspect undue influence. Delays can result in lost evidence or missed deadlines for contesting a will. Solicitors can help you:
- Assess the merits of your claim.
- Gather and preserve crucial evidence.
- Navigate the probate process efficiently.
At Van Eaton Solicitors, we provide timely, expert advice to protect your rights and ensure your loved one’s true wishes are honoured.
How Van Eaton Solicitors Can Help
At Van Eaton Solicitors, we specialise in handling sensitive and complex cases involving undue influence. Our approach includes:
- Expert Legal Guidance: We assess the merits of your claim and provide honest, tailored advice.
- Compassionate Support: We understand the emotional toll of these cases and offer empathetic, client-centered service.
- Cost-Effective Solutions: Led by Jo Walia, our team focuses on achieving the best outcomes while minimising costs.
Whether through negotiation, mediation, or court representation, we are committed to protecting your interests and upholding the testator’s true intentions.
Practical Tips to Prevent Undue Influence
To safeguard your loved ones from undue influence, consider the following steps:
- Use Independent Solicitors: Ensure wills are drafted by qualified, independent solicitors who can verify the testator’s intentions.
- Avoid Beneficiary Involvement: Prevent potential beneficiaries from being involved in will preparation or signing.
- Review Wills Regularly: Update wills after significant life events, such as marriage, divorce, or the birth of children.
- Communicate Openly: Discuss inheritance plans with family members to manage expectations and reduce the risk of disputes.
Taking these steps can help protect your loved ones and ensure your wishes are carried out as intended.
Conclusion
Undue influence in wills is a serious issue that can undermine a testator’s true intentions and create lasting family divisions. Recognising the signs and acting promptly is crucial to achieving a fair resolution.
If you suspect that a loved one’s will was affected by undue influence, don’t wait—contact Van Eaton Solicitors today. Our experienced team is here to provide expert legal guidance and compassionate support, helping you protect your inheritance and honour your loved one’s wishes.
Contact Us Today
- Call: 0208 769 6739
- Visit: Our Streatham Hill office
- Online: Complete our enquiry form
Van Eaton Solicitors—your trusted partner in resolving undue influence claims.