Undue Influence
Can you challenge a Will under undue influence?
Undue influence is when a person coerces someone into changing their Will to benefit themselves. Contesting a Will using undue influence looks at two possibilities:
Services also offered in
1. Lack of testamentary capacity
If you believe that the deceased may not have had the ability to make a Will or did not realise what they were signing, maybe as a result of:
- an illness (e.g. dementia, cancer, depression)
- medication they were taking causing confusion or them to be delirious
then the validity of the Will could potentially be challenged.
It could also be challenged if another person coerced the deceased into making their Will and that the terms of the Will does not reflect the deceased’s true wishes (they were unduly influenced).
2. Lack of knowledge or approval
For a Will to be valid, the testator (the person who made the Will) must have knowledge of the terms of the Will and approve its content. If they didn’t have the required knowledge and approval then the Will can be challenged and declared invalid.
Where there is a correctly executed Will, it is presumed that the testator had the required knowledge and approval of its terms. There are exceptions to this presumption, such as where the testator has a disability affecting their speech, hearing, eyesight, or their ability to write.
If there are suspicious circumstances surrounding the execution of the Will then the presumption of knowledge and approval will not apply. Homemade Wills are vulnerable to such a challenge.
There is often an overlap between challenging a Will on the grounds of lack of knowledge and approval, and a challenge made on the grounds of undue influence. the conduct and state of mind of the testator may be a relevant concern especially if they had they been behaving irrationally or acting out of character. Recent bereavement, depression, temporary confusion due to poor health (such as a urinary infection) can impact in their mental faculties, short of losing testamentary capacity altogether.
Contested Wills Enquiry
Fill out the form and a member of our team will get in touch to discuss how we can help.
Mullis & Peake will use the information you provide in this form in accordance with our privacy policy. With your consent, we may from time to time send you general updates by email or post that we think you will find of interest.This includes notification of upcoming event and updates or alerts containing relevant legal news. You can update your preferences at any time and will be able to easily unsubscribe from anything that you do not wish to receive.
Do you need help with the following:
- Contentious probate
- Dispute Over Burial, Ashes and Funeral Disputes
- Lost, Damaged or Destroyed Wills
- Making a Claim Against an Estate
- Making a Claim Under the Inheritance Act
- Mistake in Will or Improper Administration
- Promise or Gift Before Death
- Reasonable Financial Provision
- Invalid Wills
- Proprietary Estoppel
Mullis & Peake have specialists in contested Wills ready to help you. Contact us online today or call us on 01708 784000.
Alternatively, request a call back to have one of our team contact you at a time that suits.
Our latest insights
Martyn is a consultant and specialises in contested Wills and personal injury.
Trudi is a Senior Associate at Mullis & Peake, with extensive experience in the Wills and Probate field.
