Undue influence is when someone unfairly uses their power or authority to influence a legal or contractual decision.
Sadly, these claims are difficult to prove, as most influence/coercion takes place in a private setting, without any witnesses.
However, clear evidence that the testator was coerced or manipulated into making certain provisions in the will is required for a successful claim.
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If you wish to make a claim, it is wise to present the court with evidence of the testator’s vulnerability (e.g. age, illness, disability) and their relationship with the ‘influencer’ (e.g. did they have a good relationship with them or were they known to be controlling person?)
It is also wise to present any suspicious circumstances that may have occurred around the time the will was created (e.g. did the testator suddenly leave money to the testator when they initially were not going to benefit anything?)
At Kingswell Watts, our wills and probates team can help deal with the complexities of cases like these and can answer any questions you may have.
For more information about contesting a will, contact us on 01924 461 236, or email enquiries@kingswellwatts.co.uk
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