Under the Influence?

It is not uncommon for someone to change his or her mind when making a Will following a request or plea from a prospective beneficiary. But when does that pressure fall foul of the law?

The law recognises that it is inevitable that Testators are going to be influenced by family and friends (Testators are expected to consider their moral obligations when making a Will). It is understandable that a father might accede to the pleas of his impoverished son over a wealthier sibling. But how far can it go?

The law does not allow undue influence.The courts have found that either coercion or fraud must be present in order to establish “undue influence.” If the wealthier son, aggrieved at being left out of his father’s Will, wishes to challenge its validity, the burden is on him to prove undue influence. It is a heavy burden to shift. As case law has established, that is no easy task, not least because the principal witness is no longer alive. Disappointed beneficiaries should think very carefully before bringing such an action. Executors need to be fully aware of what they should and should not do when faced with the threat of such a claim. If you require any further advice on this subject, please contact:

Mark Keenan
Tel + 44 (0)20 7440 7129
mark.keenan@mishcon.com