Contest a will on grounds of undue influence

Allegations of undue influence are common in contested will claims.

Testators should be free to make their will in whatever way they wish. If a testator is compelled or coerced into executing a will then that will is likely to be declared invalid should the will be contested or challenged. When wills are contested on this basis, solicitors refer to it as undue influence. However, contesting a will on the basis of undue influence is not easy. The courts require clear evidence of actual coercion. It is not sufficient to merely show that the testator was put under moral pressure for instance, or that a friend or family member deliberately set out to ingratiate themselves – however cynical and distasteful that conduct might be.

If you are an executor or beneficiary facing an undue influence claim then you may wish to speak to us about defending the case. If you are looking to contest a will on the basis of undue influence and think you will be able to obtain sufficient evidence to support the allegation then give us a call.

If you think you have grounds to contest a will because of mental capacity, contact one of our specialist solicitors now for a free case assessment by clicking the button below.