Undue Influence

Contesting a Will can be a sensitive and complex process, particularly where concerns arise that someone may have influenced the person making the Will in an unfair or improper way.

In some situations, a Will may not reflect the true wishes of the person who made it because they were pressured, manipulated or coerced by someone close to them.

Under the law in England and Wales undue influence is one of the legal grounds on which a Will can be challenged. These claims can be difficult to prove, however,  because the court is concerned with coercion rather than ordinary persuasion, and the evidence must show that undue influence is the most likely explanation for what happened. Each case will depend heavily on the available evidence.

At Butcher & Barlow, our experienced Contentious Probate Solicitors provide clear and practical advice to people who believe a Will may have been affected by undue influence. We understand the sensitive nature of these disputes and work with you to investigate the circumstances carefully, protect your position and help you decide on the right next steps.

Get expert advice on undue influence claims

If you would like advice about contesting a Will on the grounds of undue influence, please contact our Contentious Probate Solicitors on 0161 764 4062 or email enquiries@butcher-barlow.co.uk.

Why choose Butcher & Barlow for support with undue influence claims?

Disputes involving Wills are rarely just about legal documents. They often involve grief, family tensions and genuine concern that a loved one’s wishes may not have been respected. Getting clear legal advice at the earliest opportunity can help you understand whether a claim may be possible and what steps should be taken next.

At Butcher & Barlow, we take the time to understand the background to the dispute, the relationships involved and the practical issues affecting you. We explain your options in straightforward terms so that you can make informed decisions with confidence.

Our approach is always tailored to your situation. Where possible, we aim to resolve disputes through negotiation or mediation to reduce conflict and legal costs. However, if court proceedings become necessary, our team provides robust representation and careful guidance throughout the process.

What is undue influence in the context of Wills?

Undue influence happens when pressure placed on the person making the Will goes beyond discussion or persuasion and becomes coercion.

The issue is whether that person’s free will has been overpowered so that the Will no longer reflects their own genuine wishes. The courts have made clear that in Will disputes, undue influence means coercion, and that it is not enough simply to show that someone had the opportunity to influence the person making the Will.

That distinction is important. Family members often talk about inheritance, care arrangements and future plans. A person can be persuaded, advised or even argued with without there being undue influence.

A claim usually turns on whether improper pressure was actually applied and whether that pressure caused the Will to be made in the form it was.

How undue influence may arise

Undue influence can take different forms depending on the circumstances surrounding the Will, but in practice these claims usually focus on whether there was actual coercion or improper pressure placed on the person making the Will.

This may include threats, manipulation or persistent pressure designed to force a particular outcome. Examples may include situations where someone actively pressures a vulnerable individual to change their Will or prevents them from seeking independent advice.

Each case depends on its own facts. The issue is not simply whether someone had influence, but whether that influence crossed the line into coercion.

Common examples of undue influence in Will disputes

Undue influence can arise in a variety of situations, particularly where the person making the Will (the testator) is vulnerable or dependent on someone else.

Examples may include:

• isolating the testator from family members or close friends
• taking advantage of someone who is elderly, unwell or otherwise vulnerable
• controlling access to the testator’s finances, care or daily decisions
• discouraging or preventing independent legal advice

These factors do not automatically prove undue influence, but they can justify closer investigation.

Warning signs and red flags

There are several warning signs that may suggest undue influence has occurred.

For example, sudden or unexpected changes to a Will can raise concerns, particularly where the changes benefit someone who had significant control over the person making the Will.

Other possible warning signs include:

• physical or mental vulnerability
• unusual circumstances surrounding the preparation or signing of the will
• a lack of independent legal advice
• limited contact with other family members
• a marked change from previous wills without a clear explanation

Relationship dynamics can also be important. If one person exercised substantial control over the testator’s daily life, finances or care, this may warrant further investigation.

Differences between undue influence and lack of capacity

Lack of capacity occurs where a person does not have the mental ability to understand the nature of making a Will and the consequences of their decisions.

Undue influence, by contrast, assumes the person had capacity but that their decisions were improperly influenced by someone else.

In some cases, both issues may arise together. For example, a vulnerable individual with declining health may be more susceptible to influence. It may therefore be possible to challenge a Will on multiple grounds depending on the circumstances.

How to prove undue influence in a Will

Proving undue influence can be challenging because direct evidence of coercion is often limited. The burden of proof will usually rest on the person bringing the claim, and the court will look closely at all of the surrounding circumstances. The Court of Appeal has made clear that undue influence can be proved without direct evidence, but the evidence must make it more probable than any other explanation.

Evidence may include medical records, witness statements, solicitor’s attendance notes, earlier wills, correspondence and a clear timeline of events.

Because the legal threshold for proving undue influence is high, these claims require careful preparation and strong supporting evidence. Specialist legal advice is often essential to assess the strength of the case and gather the evidence needed to pursue a claim.

What happens if undue influence is proven?

If undue influence is successfully proven, the court may declare the Will invalid.

In many cases, this means that a previous valid Will may take effect instead. If no earlier valid Will exists, the estate may be distributed according to the rules of intestacy.

The court’s aim is to ensure that the estate is distributed in a way that reflects the genuine intentions of the deceased.

How Butcher & Barlow can help

At Butcher & Barlow, our experienced Contentious Probate Solicitors provide practical advice and guidance to clients on all aspects of Will disputes, including claims involving undue influence.

We can help by reviewing the circumstances surrounding the Will, identifying the evidence that may be available and advising you on the strength of a potential challenge. We can also advise on urgent steps to protect your position, including whether entering a caveat should be considered.

Where possible, we work to resolve disputes in a measured and constructive way. Where formal proceedings are needed, we will guide you through the process with clear advice and practical support at every stage.

Our aim is to help you move forward with clarity while working towards a fair and sensible outcome.

Get expert advice on undue influence claims

If you would like advice about contesting a Will on the basis of undue influence, please contact our Contentious Probate Solicitors on 0161 764 4062 or email enquiries@butcher-barlow.co.uk.