Undue Influence in Wills: What It Is and Why Claims Are Hard to Win

Undue influence is a recognised ground for challenging a will in England and Wales. However, despite being frequently alleged, these claims are notably difficult to prove in practice. In this article, we explain what undue influence means in the context of wills, how it differs from persuasion, and why these cases can be so challenging.

What Is Undue Influence?

Undue influence arises where pressure is exerted on a person making a will (the testator) that overcomes their free will. The result is a will that reflects the wishes of another individual, rather than the testator’s own intentions.

The courts often describe undue influence as coercion. The key question is whether the testator signed the will because they genuinely wanted to, or because they felt they had no real choice.

Common Signs of Coercion

Coercion can take many forms, including:

• Threats, bullying or intimidation
• Isolating the testator from family and friends
• Controlling access to phone calls, visitors or professional advisers
• Arranging for only one beneficiary to communicate with the testator
• Withholding care, medication or essentials to exert pressure
• Repeated insistence on making changes when the testator is vulnerable or dependent
• Interfering with solicitor meetings or will instructions

These behaviours may indicate that the testator’s independence has been compromised.

What Does Not Count as Undue Influence?

It is important to distinguish undue influence from everyday interactions. Not all attempts to influence a will are unlawful.

For example, the following are usually acceptable:

• Expressing preferences or discussing family needs
• Providing practical help, such as arranging solicitor appointments
• Offering information or support during the process

A will may appear unfair or unexpected, but unfairness alone is not sufficient to prove undue influence. The crucial issue is whether the decision was made freely and with understanding.

How Do Courts Prove Undue Influence?

The burden of proof lies with the person challenging the will. They must demonstrate, on the balance of probabilities, that undue influence occurred.

Unlike some other legal claims involving relationships of trust, there is generally no presumption of undue influence in wills cases. This means the court will not assume wrongdoing simply because there was a close relationship or involvement in the process.

Evidence Used in Will Disputes

Evidence in undue influence cases is often limited, particularly as the testator is no longer alive. Courts rely heavily on circumstantial evidence, including:

Medical and Capacity Evidence

Medical records and capacity assessments can help establish whether the testator was vulnerable at the relevant time.

Solicitor Records and Attendance Notes

Detailed notes from the solicitor who prepared the will can be crucial in demonstrating whether the testator gave independent instructions.

Patterns of Behaviour

Evidence of isolation, dependency, or changes from previous wills may raise concerns.

While gaps in professional practice or safeguards may strengthen a claim, they are not, by themselves, enough to prove coercion.

Why Are These Claims Difficult to Win?

Undue influence claims are particularly fact-sensitive and often depend on indirect evidence. There is rarely clear, direct proof of coercion.

As a result:

• Success rates at trial are relatively low
• Many claims fail due to insufficient evidence
• Disputes frequently settle before reaching court, often through mediation

Each case turns on its own facts, making outcomes difficult to predict.

Getting Legal Advice

What is set out above is a very brief summary of some general themes. Our Contentious Trusts and Probate team brings together specialists with many years of experience in this area of law including full members of ACTAPS (Association of Contentious Trust and Probate Specialists). If you require advice on a specific situation that you are involved in, please contact Jason Oliver in the first instance.

We publish blogs and social media posts to give a general overview of legal and commercial issues, relevant at the time of publication, which we hope you will find interesting. Please note that legal rules often change depending on the specific facts of a situation. The law also changes over time following changes in legislation or new court cases. We do not actively update our blogs or posts once they are published to reflect changes in the law.