Undue Influence: How to Protect Your Will from Challenge

Two brothers are in court this month over their late father's £400,000 estate. In the case, reported by Today's Wills and Probate, the 89-year-old father's 2015 will split his estate equally between his children's families. A new will made in 2023, months before he died, left everything to his youngest son and his son's wife. The older brother says their father was "unduly influenced". He alleges that his brother isolated their father and took control of his money. The younger brother denies this and says their father was independent and that his older son had stopped visiting. The judge adjourned the hearing for more evidence, and it is due to resume later in October.

Whatever the outcome, the case shows how quickly a late change to a will can split a family, and what you can do to stop it happening to yours.

What Does "Undue Influence" Mean in a Will Dispute?

Undue influence in wills law has a narrower meaning than most people expect. Persuasion, flattery or appeals to affection are not enough. To set aside a will, the person challenging it must prove coercion. The testator (the person making the will) must have been pressured into making a will that didn't reflect their own wishes.

The burden is on the person making the allegation, and the courts set a high bar. There is rarely a witness to what happened behind closed doors, so cases often turn on circumstantial evidence. Who arranged the solicitor? Who was in the room? Was the person dependent on the beneficiary for care or money?

A related claim, also raised in this case, is fraudulent calumny. This is where someone deliberately poisons the testator's mind against another relative with lies, so that relative is cut out.

Other Grounds for Contesting a Will

Undue influence is only one route. A will can also be challenged on the grounds of:

• Lack of testamentary capacity: the testator didn't understand what they were doing, the extent of their estate, or who might expect to benefit.
• Lack of knowledge and approval: they didn't understand or approve what the will actually said.
• Improper execution: the will wasn't signed and witnessed correctly.

Separately, certain family members and dependants can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if a will doesn't make "reasonable financial provision" for them. These claims don't say the will is invalid. They ask the court to change how the estate is divided. The usual deadline is six months from the grant of probate.

How to Make a Will That Stands Up to Scrutiny

If you plan to leave your estate unequally, especially if you're older or unwell, a few precautions make a challenge much less likely to succeed.

• Use a solicitor, and see them alone. Instructions should come from you, not from a beneficiary who books the appointment and stays for the meeting. A solicitor will keep detailed attendance notes, which become important evidence if the will is ever disputed.
• Record your reasons. A short letter of wishes or file note explaining why you've left someone out, or treated children differently, helps rebut claims that someone else's influence was behind it. It also helps answer Inheritance Act claims.
• Consider a medical assessment of capacity. For elderly or unwell clients, solicitors follow the "golden rule": they ask a doctor to confirm capacity at the time the will is made.
• Keep your finances transparent. In this case, large payments from a joint account are central to the allegations. If a relative helps with your money, a lasting power of attorney with clear records offers more protection than informal access.

What If You Suspect a Will Was Made Under Pressure?

If you're worried that a relative's will doesn't reflect their true wishes, time matters. You can enter a caveat at the Probate Registry to stop a grant of probate being issued while you take advice. You can also ask the solicitor who drafted the will for their file (a "Larke v Nugus" request) to find out how it was prepared.

These disputes are costly and emotionally draining. Mediation often resolves them without a full trial.

What Should You Do Next?

Whether you want to make sure your own wishes can't be questioned, or you're worried about how a loved one's will came about, early advice from a specialist makes a real difference. The QualitySolicitors first contact team will listen to your situation and match you with an experienced wills and probate solicitor near you. Call or contact us online. We're here to help you find the right support.