Identifying undue influence over Will writing

Writing a Will is an important milestone and must be done under certain conditions in order for the Will to be valid and legal.

These conditions include restrictions on age and require witnesses, but they also dictate that the person who has produced the Will – the testator – is of sound mind that has not been unduly influenced by another party.

If someone’s influence over the testator is found to have been intimidating, coercive or based of false information, then this could challenge the validity of the Will.

What follows is a scenario of a concerned family member and the legal steps they could take to resolve the situation.

Julie*’s story

Julie often helps her elderly mother with personal administration tasks. During one of these sessions, her mother happens to mention to Julie that she has recently had a new Will made with the help of her new friend, Rose.

She mentions that, as a thank you for supporting her through a difficult period (which Julie did not know about), she has left a significant amount of money to Rose in her new Will.

Rose didn’t think that Julie’s mother should tell her daughter, but her mother persisted.

Julie was confused because this action goes against her mother’s long-held wish for her entire estate to be split between Julie and her brother.

Upon further investigation, Julie finds that Rose has not known her mother long, but Rose was perfectly happy to accept the gift.

A legal lens

This may seem, on the face of it, like a perfectly normal situation that is unfortunate for Julie and her brother since it reduces their portions of their mother’s estate.

However, looking at some key warning signs, we can see that this situation might be far more insidious than it first appears. Julie might rightly be concerned about:

• Her mother’s age – Although still possessing capacity, Julie’s mother is at an advanced age which may make her more vulnerable to undue influence.
• Sudden changes – The Will was changed suddenly with little time for consideration or discussion with the affected parties.
• Isolation – Julie was unaware of her mother’s difficult period but Rose knew about it, suggesting that her mother felt isolated from her otherwise close family.
• Secrecy – Rose didn’t want Julie or her family to know about the changes in the Will.
• Previous intentions – Julie’s mother had always intended to leave her estate to her two children, so it seems strange to change her mind in later life.
• Rose’s involvement – Rose does not have a long-established relationship with Julie’s mother and helped her to change her Will.
• Proportionality – While generous, Julie can see that her mother’s actions are not proportionate to the support Rose provided and far more complex than simply giving her a gift.

What should Julie do?

In order to protect her mother from undue influence, Julie may consider raising her concerns with her mother. She cannot yet challenge the Will since her mother is still alive.

However, undue influence can be difficult to navigate and prove, so Julie should certainly contact her solicitor to discuss next steps and how she can best protect her mother.

Please contact our Wills, Trusts and Probate team today for further advice on Wills and undue influence.