If you suspect that someone has pressured another person to make or change their will to benefit themselves, this may amount to undue influence.

Claims involving undue influence are difficult to prove as the court will require evidence of coercion demonstrating that the testator would not have made the gifts in the will without being unduly influenced. There must be no other reasonable explanation for the terms in the will. Undue influence cannot just be mere persuasion but must mean that the free will of the testator has been overwhelmed. The burden of proof on the pIf you suspect that someone has exerted pressure on another person to make or alter their will for their own benefit, this may amount to undue influence.

Claims based on undue influence are difficult to prove, as the court will require evidence of coercion showing that the testator would not have made the gifts in the will but for that influence. There must be no other reasonable explanation for the terms of the will. Undue influence involves more than simple persuasion; it requires that the testator’s free will was overborne. The burden of proof on the person bringing such a challenge is very high, as allegations of undue influence are treated seriously by the court.

In many cases, concerns only come to light after the testator has died and a copy of the will is seen, at which point evidence may no longer be available. Undue influence often occurs behind closed doors and, as a result, can be particularly difficult to prove.

Alternatively, the testator may have been subjected to fraudulent calumny. This arises where false statements are made to the testator about the character or conduct of another potential beneficiary, with the intention of influencing the terms of the will.

You may have grounds for concern regarding undue influence or fraudulent calumny where:

• The will is homemade and was not prepared by a professional, such as a solicitor;
• There is the addition of a new and unexpected beneficiary, or the sudden exclusion of a beneficiary from an earlier will;
• A beneficiary was involved in giving instructions for, or preparing, the will;
• The testator was vulnerable, elderly or unwell at the time the will was made and dependent on another person, such as a family member, friend or carer.

As will challenges based on undue influence are difficult to prove, where there are suspicious circumstances surrounding a will it may be that a challenge on the grounds of lack of knowledge and approval offers better prospects of success.

As specialists, we have the expertise to advise you and assess the merits of your case alongside other potential grounds for challenging a will, including a lack of proper formalities, a lack of testamentary capacity, and a lack of knowledge and approval.

Please do not hesitate to contact us if you would like to discuss concerns about undue influence or to obtain advice on challenging a will or defending a will challenge.