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Undue Influence: How to Prove a Will Was Not Their True Wish

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To challenge a Will based on undue influence in the UK, you must prove that the deceased person (the testator) was coerced into signing it against their true wishes. Unlike simple persuasion, the legal standard for proving undue influence will UK is high: you must demonstrate the facts are inconsistent with any other reasonable explanation besides the influencer replacing the testator’s free will. Success relies on gathering strong circumstantial evidence of the deceased’s vulnerability, the influencer’s isolation tactics, and suspicious circumstances surrounding the Will’s execution.

undue influence

The Heartbreak of the Coerced Will

The loss of a loved one is devastating enough, but when the Will they left behind feels wrong, sudden, unexpected, and completely out of character, grief can turn into a burning sense of injustice. You may suspect that someone close to them took advantage of their age, frailty, or dependence to pressure them into changing their final wishes. This challenging area of law is governed by key principles established under the fundamental legal framework provided by the Wills Act 1837

This is the very essence of undue influence: a secret act of manipulation that replaces the free will of the deceased with the selfish demands of another.

Challenging a Will on this ground is one of the most serious and difficult claims in contentious probate. It is not about persuasion; it is about proving coercion. If you feel that a Will doesn’t reflect your loved one’s authentic voice, understanding the law is the critical first step toward correcting the injustice.

What is Undue Influence in the Eyes of UK Law?

In the UK, the law holds that a person has the right to leave their assets to whomever they choose (testamentary freedom). This makes proving undue influence will UK an uphill battle, as the courts start from the assumption that the Will is valid.

Coercion, Not Persuasion: The Key Legal Test

For a Will to be invalidated, you must prove that the influence exerted was so overwhelming that it amounted to coercion.

  • Persuasion is allowed: It is legally acceptable for a family member to ask for a larger share, remind the deceased of a promise, or appeal to their affection or need.
  • Coercion is illegal: This is pressure that overpowers the will without convincing the judgement. The deceased, if they could speak, would say: “This is not what I want, but I must do it.”

The level of pressure required depends heavily on the person making the will. A frail, isolated, or mentally vulnerable person will be coerced by far less pressure than a healthy, independent one.

The High Burden of Proof

Unlike some other areas of law, there is no presumption of undue influence in Will disputes. The entire burden of proof rests with the person challenging the Will. Because the allegation is so serious, often compared to an accusation of fraud, the court demands a high standard of evidence.

You must gather evidence that shows the facts are inconsistent with any other reasonable hypothesis than the Will being the direct result of coercion.

Building the Case: The Pillars of Circumstantial Evidence

Undue influence rarely happens in public; it occurs behind closed doors and often involves someone in a position of trust (a spouse, child, or caregiver). Direct evidence is therefore rare, meaning your case must be built on a meticulously compiled collection of circumstantial evidence.

Here are the key areas UK courts look at when assessing a claim:

1. Evidence of Vulnerability and Dependency

A coercer targets a person when they are at their weakest. Crucial evidence includes:

  • Medical Records: Documentation showing the deceased had a deteriorating mental or physical condition (e.g., dementia, severe illness, frailty) that made them highly dependent.
  • Dependency: Evidence they relied entirely on the influencer for daily care, financial management, or communication.

2. Evidence of Isolation and Control

The influencer often isolates the deceased to limit contact with the outside world and prevent others from witnessing the coercion.

  • Witness Testimony: Accounts from friends, neighbours, or other family members detailing how the influencer prevented visitors, screened calls, or monitored correspondence.
  • Correspondence: Emails, texts, or letters from the deceased expressing distress, fear, or difficulty making contact.

3. Suspicious Circumstances of the Will

A sudden change in estate plans that dramatically benefits the influencer is a major red flag.

  • Sudden Change: The disputed Will contradicts a clear, long-standing pattern of previous Wills, especially if made late in life or on a “deathbed.”
  • Beneficiary Involvement: Evidence that the influencer was heavily involved in the drafting process, such as setting up the appointment, driving the deceased to the solicitor, or being present during instructions or signing. The most damning evidence is often that the deceased’s usual, independent solicitor was avoided.

4. The Will’s Terms (The “Unnatural” Disposal)

If the Will makes an unusual or “unnatural” disposition—for example, disinheriting a long-favoured child in favour of a recently appointed caregiver with no clear explanation—the court will scrutinise the case more closely. While the Will’s terms alone cannot prove undue influence, they provide the necessary context for the circumstantial evidence you are proving undue influence will UK with.

Taking the First Step: Your Path to Justice

Proving undue influence is difficult, but it is far from impossible. Recent UK case law has shown that meticulous, compelling circumstantial evidence, especially concerning vulnerability and isolation, can be enough to succeed.

If you suspect a vulnerable loved one was coerced, you must act quickly to secure and preserve evidence. The key is to avoid confrontation and instead immediately engage a specialist contentious probate solicitor.

Your fight is not against the deceased, but against the manipulation that silenced their true wishes. We can help you gather the facts, assess the evidence, and determine if you have a strong, viable claim to overturn the unjust Will.

Your Legacy is Worth Fighting For. Let Us Check Your Eligibility Today.

If you have read this and believe your loved one’s Will was not their own free act, you deserve expert help. We specialise in complex UK Will disputes and have the expertise to assess your evidence and pursue justice on your behalf.

Don’t let an unjust Will stand unchallenged. Contact us today for a discreet, professional consultation to check the viability of your claim.

Start your Eligibility Check now. You’re not alone in this journey; we’re right here with you.

Visit our guide on Legal Grounds and When Not to Contest a Will to learn about the legal grounds of contesting a will in the UK.

FAQs

1- What is ‘Fraudulent Calumny’?

Fraudulent calumny is a distinct but related claim. It occurs when a person poisons the mind of the deceased against a natural beneficiary by making false, malicious statements about them, knowing those statements to be untrue, which then causes the deceased to exclude the beneficiary from the Will.

2- Is it necessary to have direct evidence when proving undue influence?

No. Direct evidence (like an eyewitness to the act of coercion) is rare. Most successful cases of proving undue influence rely heavily on gathering strong circumstantial evidence, such as medical records, proof of isolation, and suspicious circumstances surrounding the Will’s preparation and signing.









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Frequently asked questions.

Disputes over wills can arise in several circumstances, including:

  • Testamentary capacity: The person who made the will (known as the testator) must have had the mental capacity to understand what they were doing and the consequences of their actions. This means that they must have been able to understand the nature and extent of their property, the people they were giving their property to, and the people they were excluded from their will.

 

  • Valid execution: The will must have been executed correctly under the law. This means it must be in writing, signed by the testator, and witnessed by two independent witnesses.

 

  • Undue influence: The testator must have made the will freely and without any pressure from others. The will may be invalid if someone was unduly influenced to make a will. Undue influence can occur when someone takes advantage of a testator’s vulnerability, such as if the testator is elderly, ill, or has a mental disability.

 

  • Fraud or forgery: If the will was forged or if someone fraudulently induced the testator to make the will, the will may be invalid.

 

Claims against a will must usually be made within six months of the grant of probate being issued. This is the legal document that gives the executor the authority to administer the estate. If a claim is not made within this time, it may be too late to challenge the will.

As such, executors often wait until this six-month period has expired before distributing the estate. This is to avoid having to distribute the estate and then having to take it back if a successful claim is made against the will.

Here are some examples of how these disputes can arise:

  • A family member may dispute a will if they believe that the testator did not have the mental capacity to make a will. For example, if the testator was suffering from dementia or Alzheimer’s disease at the time the will was made.
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A family member may dispute a will if they believe that it was not executed correctly. For example, if the will is not signed by the testator or if it is not witnessed by two independent witnesses.

 

  • A family member may dispute a will if they believe that they were unduly influenced to make the will. For example, if a caregiver or another family member pressured the testator to make the will in their favour.

 

  • A family member may dispute a will if they believe that it was forged or if someone fraudulently induced the testator to make the will. For example, if someone forged the testator’s signature on the will or if someone lied to the testator about the contents of the will.

If you are thinking about disputing a will, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.



Types of Trusts

Many different types of trusts can be set up, depending on your specific needs and goals. Some of the most common types of trusts include:
Bare Trusts: A bare trust is a simple type of trust in which the trustee holds the assets for the benefit of the beneficiary. The beneficiary is entitled to the income and capital of the trust as soon as they are old enough to receive them.

Interest in Possession Trusts: An interest in possession trust is a type of trust in which the beneficiary is entitled to the income from the trust immediately, but not to the capital until a later date. This type of trust is often used for minor beneficiaries or for beneficiaries who are not yet responsible enough to manage their own money.

Discretionary Trusts: A discretionary trust is a type of trust in which the trustee has the discretion to decide how and when to distribute the income and capital of the trust to the beneficiaries. This type of trust is often used for families with multiple beneficiaries or beneficiaries with special needs.

Accumulation Trusts: An accumulation trust is a type of trust in which the income from the trust is accumulated and not distributed to the beneficiaries until a later date. This type of trust is often used to save for a specific purpose, such as a child’s education or a retirement fund.

Mixed Trusts: A mixed trust is a type of trust that combines elements of different types of trusts. For example, a trust may be a discretionary trust for one beneficiary and an interest in possession trust for another beneficiary.

Settlor-Interested Trusts: A settlor-interested trust is a type of trust in which the settlor (the person who creates the trust) retains some interest in the trust assets. For example, the settlor may retain the right to receive income from the trust or to appoint the trustee.

Non-Resident Trusts: A non-resident trust is a type of trust that is created and governed by the laws of a country other than the country where the settlor or beneficiaries reside.
Which type of trust is right for you will depend on your specific needs and goals. It is important to consult with an estate planning attorney to discuss your options and choose the type of trust that is best for you.
Here are some examples of how different types of trusts can be used:
A bare trust can be used to hold assets for a minor child until they reach the age of majority.

An interest in possession trust can be used to provide income to a beneficiary who is not yet responsible enough to manage their own money.

A discretionary trust can be used to manage assets for a family with multiple beneficiaries or for beneficiaries with special needs.

An accumulation trust can be used to save for a specific purpose, such as a child’s education or a retirement fund.

A mixed trust can be used to achieve a variety of different goals, such as providing income to one beneficiary and preserving capital for another beneficiary.

A settlor-interested trust can be used to retain some control over trust assets after the settlor has created the trust.

A non-resident trust can be used to reduce estate taxes or to protect assets from creditors.
It is important to note that this is just a brief overview of the different types of trusts. There are many other types of trusts available, and each type of trust has its own specific features and benefits. For more information please visit www.gov.uk/trusts-taxes/types-of-trust

Inheritance trust disputes can be complex and varied, but some common scenarios include:

  • Disputes over the validity of the trust: This can happen if the settlor (the person who created the trust) does not have the mental capacity to create a trust, or if the trust deed was not executed correctly.

 

  • Disputes over the interpretation of the trust deed: If the trust deed is poorly drafted or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.

 

  • Disputes over the appointment or removal of trustees: Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee is not acting in the best interests of the beneficiaries, the beneficiaries may apply to the court to have the trustee removed.

 

  • Disputes over the investment of trust assets: Trustees have a legal duty to invest trust assets prudently. If a trustee makes investments that are too risky or that lose money, the beneficiaries may sue the trustee for breach of duty.

 

  • Disputes over the distribution of trust assets: Trustees have a legal duty to distribute trust assets to the beneficiaries in accordance with the terms of the trust deed. If a trustee distributes trust assets incorrectly, the beneficiaries may sue the trustee for breach of duty.

 

Here are some specific examples of inheritance trust disputes that have occurred in the UK:

  • In one case, a beneficiary disputed the validity of a trust deed on the grounds that the settlor (the person who created the trust) did not have the mental capacity to create a trust at the time it was set up.

 

  • In another case, a beneficiary sued the trustees for breach of duty after the trustees made a number of risky investments that lost money.



  • In a third case, a beneficiary sued the trustees for breach of duty after the trustees distributed trust assets to the beneficiaries in a way that was not in accordance with the terms of the trust deed.

 

Other possible disputes include:

  • A beneficiary was expecting more than what is set out in the trust document. This may be because the beneficiary had a reasonable belief that they would receive more, or because the trust document is unclear about the beneficiary’s entitlement.

 

  • The individual who set up the trust was provided with negligent or misleading advice. If the settlor was not properly advised about the consequences of setting up a trust, or if they were given incorrect information, they may be able to challenge the trust.

 

  • The trust document is either incomplete or unclear about the wishes of the deceased. If the trust document is incomplete or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.

 

  • A trustee acts against the best interests of the beneficiary or doesn’t administer the trust correctly. Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee breaches their duty, the beneficiaries may sue the trustee.

If you are involved in an inheritance trust dispute, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.

Contesting a will is challenging the validity of a will. This can be done on a number of grounds, including.

  • The testator (the person who made the will) did not have the mental capacity to make a will.
  • The will was not executed correctly, i.e., it was not signed by the testator or witnessed by two independent witnesses.
  • The testator was unduly influenced to make the will.
  • The will was forged or fraudulent.

 

Contentious probate is any dispute about the administration of a deceased person’s estate. This can include disputes about

  • The validity of the will.
  • The interpretation of the will.
  • The appointment or removal of executors.
  • The distribution of the estate assets.
  • The management of the estate.
  • In the UK, contentious probate is dealt with by the High Court.

 

The main difference between contesting a will and contentious probate is that contesting a will is specifically challenging the validity of the will, while contentious probate can include a wide range of disputes about the administration of an estate.

Here is an example:

Contesting a will: A beneficiary challenges the validity of a will on the grounds that the testator did not have the mental capacity to make a will.

Contentious probate: A beneficiary disputes the interpretation of a will and argues that they are entitled to a larger share of the estate than they have been given.

It is important to note that the two terms are often used interchangeably. For example, a lawyer might say that they are “dealing with a contentious probate matter” when they are actually challenging the validity of a will.

If you are thinking about contesting a will or pursuing a contentious probate claim, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.

The time limit for making a contentious probate claim in the UK is six months from the grant of probate. This is the legal document that gives the executor the authority to administer the estate.

If you do not make your claim within this six-month time limit, you may need to apply to the court for permission to make a late claim. The court will only grant permission if you have a good reason for not making your claim on time.

There are a number of factors that the court will consider when deciding whether to grant permission for a late claim, including:

  • Why did you not make your claim on time?
  • The strength of your case.
  • Whether the other beneficiaries will be prejudiced if your claim is allowed to proceed.
  • If the court grants you permission to make a late claim, you will need to file your claim within 28 days.

 

It is important to note that there are some exceptions to the six-month time limit. For example, if the executor has committed fraud or concealed assets from the beneficiaries, the beneficiaries may be able to make a claim after the six-month time limit has expired.

If you are thinking about making a contentious probate claim, it is important to seek legal advice as soon as possible. A lawyer can assess your case and advise you on the time limits that apply and whether you have a good case.

Here are some examples of when you might be able to make a late contentious probate claim:

  • You were not aware of the death of the deceased until after the six-month time limit had expired.
  • You were unable to make your claim on time because you were ill or incapacitated.
  • The executor has deliberately concealed information from you about the estate.
  • The executor has committed fraud in the administration of the estate.

 

The 12-year limit for making a contentious probate claim in the UK applies to claims for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975. This means that if you are making a claim for financial provision from an estate, you must do so within 12 years of the date of the deceased’s death.

The reason for the 12-year limit is to encourage people to make their claims as soon as possible after the deceased’s death. This is because it can become more difficult to investigate and prove a claim after a long period of time has elapsed.

If you are unsure whether you are able to make a late contentious probate claim, you should seek legal advice.

Most disputes in the UK are resolved out of court through mediation and negotiation. This is because it is generally faster, cheaper, and less stressful for all involved.

If you are considering disputing a will, it is important to contact a contentious probate specialist before you involve any other relatives or beneficiaries of the estate. A specialist lawyer can advise you on your legal options and help you to resolve the dispute quickly and efficiently.

Here are some of the benefits of resolving a will dispute out of court:

  • It is faster and cheaper than going to court.
  • It is less stressful for all involved.
  • It allows you to maintain relationships with other family members and beneficiaries.
  • You have more control over the outcome of the dispute.

 

There are a number of steps that you can take to try to resolve a contentious probate dispute without going to court, including

  • Negotiation: You can try to negotiate a settlement with the other parties to the dispute. This may involve making concessions on your part, but it can be a good way to avoid the time and expense of court proceedings.
  • Mediation: Mediation is a process where an independent mediator helps the parties to reach a mutually agreeable settlement. Mediation can be a good way to resolve a dispute without going to court, but it is important to note that it is not binding on the parties.
  • Arbitration: Arbitration is a more formal process than mediation, and it is binding on the parties. However, it can still be a good way to resolve a dispute without going to court.

 

If you are unable to resolve the dispute amicably, you will need to file a claim with the High Court. The court will then hold a hearing to decide the case.

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