Allegations of undue influence are very common in contested will claims.
We are all free to make our wills in whatever way we wish. However, if someone is compelled or coerced into executing a will then that will is likely to be declared invalid if it is legally contested.
When a will is contested on this basis, solicitors refer to the conduct as ‘undue influence’. However, contesting a will on the basis of undue influence is not easy. The courts require clear evidence of conduct that effectively amounts to 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 grounds of undue influence and think you will be able to obtain sufficient evidence to support the allegation then please feel free to contact us for further guidance.
If you would like to contest a will on the grounds of undue influence, contact one of our specialist solicitors now for a free case assessment by calling 0808 139 1596 or clicking the button below.