There are a number of grounds for challenging a will; one of these grounds is undue influence.

Persuading someone to change their will is not unlawful and would not constitute undue influence (although it is morally questionable).  In the case of Wingrove and Wingrove and others (1885) Sir James Hannen stated “it is only when the Will of the person who becomes a testator is coerced into doing that which he or she does not desire to do, that it is undue influence”

In some cases, it can be very difficult to challenge a will on the grounds of undue influence. This is because it would be very unusual to have direct evidence of undue influence (which would usually occur behind closed doors). Cases where wills have been successfully disputed on the grounds of undue influence are few and far between. We recently posted about the case of Chin v Chin where three daughters successfully contested their mother’s Will on the grounds that their father and brother pressured their mother to leave her whole estate to their brother. The evidence in the Chin case was that Mrs Chin’s husband was abusive and manipulated Mrs Chin. The judge found that Mrs Chin was unduly influenced by her husband and son and that she eventually gave in to their demands “for the sake of a quiet life”. The case illustrated the amount of evidence required to succeed in these cases.

If you would like to speak to discuss the removal or entry of a Caveat or a will dispute, please contact us on 01384 410410 and ask to speak to Liam Owen or Susan Ford. Alternatively you can email us here with a brief summary of the issues that you would like to discuss with your name and contact details.