Stephen Laycock & Co Solicitors

Telephone 0113 261 3509 for help and advice

A Will Made By Undue Influence

Back to news

One reason for the validity of a will to be challenged is because there had been undue influence by somebody at the time when a person made their will. Undue influence means coercion to make a will in particular terms.

Coercion may involve threats, control, emotional blackmail, threatened withdrawal of help, bullying, or persistent mental pressure that overcomes the free will of a person.

The law has developed a principle of duress, to ensure that the influence of one person over another whilst he is making his will is not abused because a person should be free to make their own will.

The principle is not confined to abuse of trust or confidence. It also extends to the exploitation of the vulnerable.

Whether a will has been made as a result of a person’s undue influence is a question of fact. The legal burden of proving undue influence rests on the person alleging it.

Enquiry form

Related articles

Wills & Probate

Excluding Someone From Your Will

The only way to be sure that your wishes will be carried out when you are no longer alive is to make a will. However, the Inheritance (Provision for Family and Dependants} Act 1975 makes it possible for certain people to challenge the inheritance that they have received after you have died. If the court

More

Wills & Probate

Eligibility to Make a Claim Under the Inheritance Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 enables certain persons to challenge a will, or the rules of intestacy if the deceased person did not leave a will or a valid will. The types of person who may make a claim in accordance with the 1975 Act are: The spouse or civil partner

More

Wills & Probate

Challenging a Will

The reasons for challenging the validity of a will are: The person making the will did not have testamentary capacity at the time that the will was made; The person making the will did not intend that the document (the will) would be their last will; The person making the will did not understand and

More

Enquiry form