Imagine discovering that a loved one altered their will just weeks before passing, leaving their estate in a way that feels out of character or unfair. Situations like this often raise concerns about manipulation or coercion, where someone may have pressured the deceased into changing their will for personal gain. If this has happened to you, this is what is called undue influence. In this article we will delve into what undue influence means, how it can be identified and proven and the process of contesting a will based on this claim.
What is undue influence?
Undue influence, as a ground for challenging a will, occurs when someone manipulates or pressures the person making the will into decisions that do not reflect their true wishes. This influence often takes advantage of a testator’s vulnerability, such as old age, illness or emotional dependence, to benefit the influencer at the expense of other rightful beneficiaries.
What does it mean to contest a will due to undue influence?
To contest a will due to undue influence means challenging the validity of the document by claiming that the testator was coerced, manipulated, or pressured into making decisions that did not reflect their true intentions. Establishing undue influence is challenging because courts presume that the testator had the mental capacity and acted voluntarily unless evidence proves otherwise.
In order to contest and to succeed in this claim it must be proven that the testators’ decisions were not made independently but were instead a direct result of undue influence and the will was obtained as a result. This might include proof of manipulation, isolation of the testator, or suspicious circumstances surrounding the drafting or signing of the will. If undue influence is proven, the will is deemed invalid, meaning it is not legally binding and cannot be used to decide who should administer an estate of a deceased person or how to distribute their estate.
How to identify undue influence
Recognising the signs of undue influence are critical especially when contesting a will. Undue influence is often subtle but there are some key warning signs that can raise suspicion.
Unexplained changes to the will or sudden alterations
Sudden changes to the will, particularly ones that disproportionately benefit one individual can be cause for concern. These changes often occur without a clear reason and may indicate that the testator was pressured or manipulated into revising the will.
Vulnerability of the testator
A testator’s vulnerability, whether due to age, illness or emotional distress increases the likelihood of undue influence. Beneficiaries often target individuals during moments of weakness, taking advantage of the testator’s compromised state.
Isolation from family and friends
Isolation can be a tactic to control access to information and influence decisions. It can occur physically, emotionally or socially, leaving the testator dependent on the beneficiary for support, information or companionship, this means that the testator is more likely to act under the undue control of the beneficiary which gives them dominance in decision making.
Dependence on the beneficiary
Excessive dependence on the beneficiary who inexplicably benefits the most from the will is another red flag. This dependence creates a power imbalance and makes the testator more susceptible to pressure.
The presence of a beneficiary at the signing of the will
If a potential beneficiary is present during the signing of the will, it can be a strong indicator of undue influence. Their presence might pressure the testator to proceed in a certain way, making them feel obligated to follow their wishes or preventing them from seeking independent legal advice. This is a significant cause for concern as it compromises the integrity of the will making process, making it difficult to ensure that the document truly reflects the testator’s uninfluenced decisions.
Steps to take when contesting a will based on undue influence
Contesting a will is a serious legal action that requires thorough preparation and understanding. If you suspect that a will has been influenced unfairly, follow these steps to help build a strong case.
1. Gather evidence
Collect any information that supports your allegation. This includes testimonies from witnesses, documentation of the testator’s vulnerability or signs of manipulation. Speak with individuals who were close to the testator to gather their observations about the testator’s state of mind, behaviour or relationships leading up to the signing of the will. If there were any signs of sudden, unexplained changes in relationships or decisions, these could point to undue influence.
Additionally, gathering documentation that shows the testators vulnerability such as medical records that indicate any illness or emotional struggles can demonstrate that they were in a weakened state and therefore more susceptible to undue influence. If there were sudden changes to the will that benefitted a particular person at a time where the testator was not fully mentally capable or aware of their actions then this could also be a significant indicator and help to support your claim.
2. Consult a solicitor
Once you’ve gathered your evidence, the next step is to consult a specialist wills solicitor who can help you navigate the complexities of contesting a will. A solicitor will review all of the evidence you’ve provided and assess whether your case meets the legal standard for undue influence. Legal advice is crucial at this stage as contesting a will is a complicated legal process, so having the right professional guidance can significantly improve your chances of success.
Your solicitor will also advise you on any next steps and may recommend gathering further evidence or reaching out to additional witnesses. They can help you understand the strengths and weaknesses of your case, as well as explore alternative dispute resolution options such as mediation which could help resolve the matter outside of court.
3. Challenge the will in court
If your solicitor believes there is enough evidence to support your claim, the next step is to file a formal challenge in court. This process begins by submitting the necessary paperwork to the probate registry where you will outline your claim and present the evidence of undue influence. The burden of proof lies with you as a person contesting the will so you will need to demonstrate that undue influence occurred. This means that you must show that it is more likely than not that the testator’s will was the result of manipulation or coercion rather than their true wishes.
What happens if you win?
If your contestation is successful, the court may declare the will invalid, either in its entirety or specific parts. This could mean that an earlier will is reinstated or if no valid will exists, the estate will be distributed according to intestacy laws. It’s important to note that even a successful contestation comes with financial implications including solicitors fees and potential court costs which can amount to thousands of pounds. These expenses can create a financial burden, especially if the process lasts for an extended period of time.
What happens if you lose?
If your contestation is unsuccessful, the original will remain valid and the estate will be distributed according to its terms. Losing can be financially draining as you may have to cover the legal fees of the opposing side in addition to your own. Beyond the financial setback, losing a will contest can lead to deep emotional consequences as family members or beneficiaries who were supporting your challenge may feel frustrated or disheartened. You may also be left with a sense of injustice, particularly if you feel the will was influenced unfairly.
Regardless of whether you win or lose, contesting a will can have significant repercussions on family dynamics. Winning the case can lead to tensions with other family members who may feel that their inheritance has been unfairly diminished whereas losing the case can create feelings of alienation and disappointment. It is therefore important to consider these potential impacts before deciding to challenge a will.
How Goughs can help
If you believe undue influence may have played a role in a will, contact us for a consultation to discuss your case. At Goughs, our experienced solicitors specialise in contentious probate and can guide you through the process of contesting a will. We understand the complexities of these cases and can help gather the necessary evidence, assess the strength of your claim and provide expert legal advice tailored to your situation. Get in touch today to find out how we can help.
