Undue influence is the most common reason for contesting a will in the UK. We specialise in contesting wills and are experienced in dealing with undue influence cases. Call our free legal helpline on 0808 139 1596 for initial guidance or send us an email.
Almost a quarter of people surveyed in a recent poll said they would legally contest a will if they disagreed with how assets had been divided. The research also revealed that the most common reason for contesting a will is ‘undue influence’.
Undue influence arises when someone has been put under unreasonable pressure to sign a will. But while it is a popular objection, the legal complexities associated with it can make undue influence difficult to prove. Nevertheless we have a good track record of resolving undue influence challenges successfully and are always happy to consider new cases.
Wills can be contested on a range of different grounds and undue influence is just one of the challenges that can be made to the validity of a will. Another ground is known as ‘lack of knowledge and approval’. This is where the deceased lacked the necessary knowledge to understand their will and did not approve its content. You can also contest a will on the basis of ‘lack of testamentary capacity,’ which is where there is a challenge to the mental fitness of the person who made the will. There are other grounds in addition to these.
We find that callers to our free helpline are often unaware of all the legal grounds to challenge a will that exist. We therefore take time to go through the various options with potential clients to ascertain what is most likely to succeed.
The researchers concluded that in order to reduce the scope for disputes arising people may wish to discuss how they plan to distribute their estate with those who might think they will inherit. We would echo this recommendation, but unfortunately we think it is unlikely that the rise in contested will disputes will decrease and we anticipate that our helpline will continue to grow in popularity.