How Can I Prove A Will Is Invalid Because Of Undue Influence?

• Law Firm: Myerson Solicitors LLP
• Subject Matter: Family and Matrimonial, Wills/ Intestacy/ Estate Planning
• Author: Myerson Solicitors LLP
• Published date: 03 July 2023

There are very limited grounds for overturning a Will in England and Wales.

It can be overturned because:

• it was not properly signed and witnessed;
• the person who made it lacked testamentary capacity at the relevant time;
• the person who made it did not know and approve the contents of the Will;
• the Will was brought about by undue influence; or
• the Will was brought about by fraudulent calumny.

This article focuses on undue influence.

Undue Influence

We can all remind our parents, grandparents, aunts and uncles that we would like something from their estate when they eventually pass away.

Many families even joke about their parents "spending their inheritance" on holidays and such, and in others, sibling rivalry can result in requests for a greater share.

The law tells us where that persuasion, encouragement or influence is regarded as "undue".

Influence is "undue" where there is coercion (where it overbears what the person making their Will wants to do) or fraud.

In simple terms, the question is whether the person making the Will "acted as a free agent".

It is notoriously difficult to prove that a Will is invalid because of undue influence.

There is rarely direct evidence that a Will is the product of undue influence exerted over the person making it.

In addition, the key witness - the person who has potentially been unduly influenced - has inevitably passed away before this question is addressed.

Jones v Jones

The recent case of Jones v Jones [2023] EWHC 1457 (Ch) is a helpful example of a case where the Judge found that the Will was the product of undue influence even though there was no direct evidence.

It held that Mrs Jones' Will should not be admitted to probate because that Will was the product of undue influence by her daughter...