Undue Influence

Undue Influence
Undue Influence
Full Overview Of Undue Influence

Probate can be a complex and emotional process, especially when issues of undue influence arise. At DLS Solicitors, we understand the intricacies and sensitivities involved in such cases. This comprehensive overview is designed to provide a detailed understanding of undue influence in the context of probate, addressing its implications, the legal framework, the process of contesting a will, and the rights of beneficiaries. We aim to offer clarity and guidance for those navigating this challenging aspect of probate law.

What is Undue Influence?

Undue influence occurs when a person exerts improper pressure or influence over another, causing them to act in a way that is not their true intention, particularly in the creation or amendment of a will. In probate law, undue influence is a significant concern because it can undermine the will’s validity and the deceased’s genuine wishes.

Definition and Types of Undue Influence

Undue influence in the context of probate can be broadly defined as coercion, manipulation, or persuasion that overpowers the free will of the testator (the person making the will). It can be classified into two main types:

  1. Actual Undue Influence: This involves clear and direct evidence of coercion or pressure, such as threats or force.
  2. Presumed Undue Influence: This arises when there is a relationship of trust and confidence between the testator and the influencer, and the circumstances suggest that undue influence may have been exerted.

Legal Principles and Case Law

The principles governing undue influence in probate are derived from common law and shaped by various landmark cases. Key principles include:

  1. Burden of Proof: The person alleging undue influence must prove it occurred. However, in cases of presumed undue influence, the burden may shift to the defendant to prove there was no undue influence.
  2. Evidence: The court requires clear and convincing evidence of undue influence, which can include witness testimonies, medical records, and behaviour patterns.
  3. Relationships of Trust: If the circumstances are suspicious, relationships such as those between a carer and the testator or a solicitor and client can give rise to presumptions of undue influence.

How to contest a Will on Grounds of Undue Influence

Contesting a will on the grounds of undue influence involves several stages, each requiring careful consideration and legal expertise. The process typically includes the following steps:

  1. Initial Assessment: Assessing whether there are grounds to challenge the will based on undue influence. This involves gathering preliminary evidence and understanding the relationship between the testator and the alleged influencer.
  2. Gathering Evidence: Collecting evidence to support the claim of undue influence. This can include:
    • Witness statements from friends, family, or carers.
    • Medical records indicating the testator’s mental state and susceptibility to influence.
    • Financial records showing unusual transactions or changes in the will benefiting the alleged influencer.
  3. Legal Proceedings: Initiating legal proceedings to contest the will. This involves filing a claim in the Probate Registry and presenting the evidence in court.
  4. Court Hearing: The court will consider the evidence and hear testimonies from both parties. The burden of proof lies with the claimant, but the defendant may need to disprove the allegations in cases of presumed undue influence.
  5. Judgement: The court will make a judgement based on the evidence presented. If undue influence is proven, the will may be declared invalid, and the estate will be distributed according to the rules of intestacy or a previous valid will.

Rights of Beneficiaries

Beneficiaries under a will have specific rights and protections, particularly when undue influence is suspected. These rights include:

  1. Right to Information: Beneficiaries have the right to be informed about the administration of the estate and any legal proceedings affecting their inheritance.
  2. Right to Challenge: Beneficiaries can challenge the validity of a will if they suspect undue influence. This involves initiating legal proceedings and presenting evidence to support their claim.
  3. Right to Fair Distribution: If undue influence is proven, beneficiaries are entitled to a fair estate distribution according to the rules of intestacy or a previous valid will.

Common Indicators of Undue Influence

Identifying undue influence can be challenging, as it often occurs behind closed doors. However, certain indicators can raise suspicions and warrant further investigation. These include:

  1. Isolation of the Testator: The influencer may isolate the testator from family and friends, controlling their interactions and access to information.
  2. Sudden Changes in the Will: Unexpected changes in the will that significantly benefit the influencer, especially if made shortly before the testator’s death.
  3. Dependency: The testator may be heavily dependent on the influencer for care, financial support, or emotional stability, making them more susceptible to manipulation.
  4. Mental Capacity: The testator’s mental capacity may be compromised due to illness, age, or medication, making them more vulnerable to undue influence.
  5. Unusual Behaviour: The testator may exhibit unusual behaviour or make statements suggesting they feel pressured or coerced.

Case Studies

To illustrate the complexities and challenges of undue influence in probate, we present two case studies that highlight common scenarios and issues that may arise.

The Williams Family

Margaret Williams, an elderly widow, passed away, leaving behind a will that significantly benefited her live-in carer, Jane, to the detriment of her children, David and Susan. Margaret’s children suspected undue influence and decided to contest the will.


  • Isolation: Jane had gradually isolated Margaret from her children and friends, controlling her social interactions.
  • Sudden Changes: Margaret made significant changes to her will shortly before her death, leaving the bulk of her estate to Jane.
  • Mental Capacity: Margaret had been diagnosed with dementia, raising questions about her ability to make decisions independently.

Outcome: David and Susan gathered evidence, including witness statements from friends and medical records indicating Margaret’s declining mental health. The court found that Jane had exerted undue influence over Margaret, and the will was declared invalid. The estate was distributed according to a previous valid will, ensuring a fair outcome for David and Susan.

The Thompson Family

John Thompson, a successful businessman, passed away, leaving a will that disproportionately favoured his business partner, Mark, over his wife, Rachel, and their children. Rachel suspected that Mark had unduly influenced John in the last years of his life.


  • Dependency: John had become increasingly dependent on Mark for business decisions and financial advice.
  • Unusual Transactions: There were several unusual financial transactions benefiting Mark, raising suspicions about his influence over John.
  • Health Issues: John had been suffering from a terminal illness, which may have affected his decision-making capacity.

Outcome: Rachel collected evidence, including financial records and testimonies from John’s friends and colleagues. The court concluded that Mark had unduly influenced John, particularly during his illness. The will was declared invalid, and the estate was distributed according to the rules of intestacy, providing for Rachel and their children.

Practical Considerations

For those dealing with suspected undue influence in probate, there are several practical considerations to keep in mind:

  1. Seek Legal Advice: Professional legal advice is crucial in understanding the complexities of undue influence and navigating the legal process effectively.
  2. Gather Evidence: Comprehensive evidence, including witness statements, medical records, financial documents, and any other relevant information, is essential to support a claim of undue influence.
  3. Communicate Openly: Open and transparent communication with other beneficiaries and involved parties can help manage expectations and reduce potential disputes.
  4. Maintain Records: Keeping detailed records of all interactions, decisions, and transactions related to the will and estate can be valuable in supporting or defending against claims of undue influence.
  5. Emotional Support: Dealing with the death of a loved one and the complexities of probate can be emotionally challenging. Seeking support from friends, family, or professional counsellors can help manage the emotional burden.


Undue influence in probate is a serious and complex issue that can significantly impact the validity of a will and the fair distribution of an estate. At DLS Solicitors, we are committed to providing expert advice and support to those dealing with suspected undue influence. Our goal is to ensure that the administration process is handled efficiently and fairly, respecting the rights of beneficiaries and upholding the genuine wishes of the deceased.

If you are facing the challenges of undue influence in probate, we encourage you to seek professional advice and support. Our team of experienced solicitors is here to help, offering guidance and assistance every step of the way. Whether you are an administrator, a beneficiary, or a concerned family member, we are dedicated to ensuring that the process is as smooth and stress-free as possible.

Dealing with the death of a loved one is never easy, but with the right support and guidance, you can navigate the complexities of undue influence and ensure that the estate is administered in accordance with the law and the true intentions of the deceased.

Undue Influence FAQ'S

Undue Influence occurs when one person uses their power or influence over another to gain an unfair advantage, typically in the context of wills, contracts, or gifts, causing the influenced person to act against their free will.

There are two main types of Undue Influence:

  • Actual Undue Influence: Clear evidence that pressure or coercion was applied to influence the decision.
  • Presumed Undue Influence: Where a relationship of trust exists, and the transaction seems unusual or detrimental to the influenced person, leading to a presumption of undue influence unless disproved.

Proving Undue Influence requires demonstrating that the influenced person did not act of their own free will. This can involve evidence of coercion, pressure, or manipulation and sometimes relies on witness testimonies, expert opinions, and documentation.

Relationships such as those between a parent and child, solicitor and client, doctor and patient, or religious advisor and follower are often scrutinised for presumed undue influence due to the inherent trust and authority involved.

If Undue Influence is proven in a will dispute, the affected part of the will or the entire will can be declared invalid by the court, and the estate may be distributed according to a previous valid will or the rules of intestacy.

Yes, Undue Influence can render contracts voidable and gifts invalid if it can be shown that the influenced person did not act voluntarily. The court may set aside such agreements or gifts to restore fairness.

To defend against allegations of Undue Influence, the accused party must provide evidence that the influenced person acted independently, with full understanding and free will. This might include showing that the influenced person had access to independent legal advice.

Independent legal advice can help demonstrate that the influenced person made their decision freely and with a full understanding of the implications. This advice can act as a safeguard against future claims of undue influence.

Generally, a will can be challenged on the grounds of Undue Influence within six months of the grant of probate. However, if new evidence emerges, it might be possible to bring a claim later.

Yes, many Undue Influence claims are settled out of court through negotiation or mediation. This can be a less adversarial and more cost-effective way to resolve disputes, with the parties reaching a mutually acceptable agreement.


This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th July 2024.

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Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

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