We are often contacted by people who believe a Will is invalid due to undue influence. Equally, we hear from beneficiaries who argue that a Will is valid and deny that any undue influence took place.
So what does the law actually say?
Undue influence occurs when a Will is made as a result of unlawful pressure being applied to the person making it (the testator).
If a Will is signed because of undue influence, it is void and has no legal effect.
It is important to understand that not all influence is unlawful.
The law recognises that it is perfectly legitimate for someone to try to persuade a testator to leave them a gift. The difficulty lies in identifying where legitimate persuasion ends and undue influence begins.
In the 1860s case of Hall v Hall, the court stated that the following are legitimate:
“Persuasion, appeal to affection or ties of kindred, gratitude for past services, or pity for future destitution.”
These types of influence are allowed. Undue influence, however involves pressure that overpowers the testator’s free will.
There is another significant challenge. Undue influence often takes place behind closed doors, with no witnesses present.
As a result:
Each case depends heavily on evidence and circumstances.
The Law Commission is currently considering reforms to better protect vulnerable testators, particularly older people at risk of financial abuse.
Our Head of Department has been working with the Law Commission to help strike the right balance between:
Undue influence claims are legally complex and evidence-heavy. Because of this, specialist advice is essential from the earliest stage.
Our team has extensive experience dealing with inheritance and Will disputes, including claims involving undue influence.
We are sympathetic, understanding, and here to guide you every step of the way.
We can get it sorted.
It’s what we do.
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