Main Menu Home Personal Wills Disputes Contesting A Will Undue Influence Undue Influence Can you challenge a Will under undue influence? Undue influence is when a person coerces someone into changing their Will to benefit themselves. Contesting a Will using undue influence looks at two possibilities: Services also offered in Will Disputes Contentious probate Challenging Executor of Will Contesting a Will Dispute Over Burial, Ashes and Funeral Disputes Lost, Damaged or Destroyed Wills Making a Claim Against an Estate Making a Claim Under the Inheritance Act Mistake in Will or Improper Administration Promise or Gift Before Death Reasonable Financial Provision After Probate Time Limit for Contesting a Will How Much Does it Cost to Contest a Will Invalid Wills Undue Influence 1. Lack of testamentary capacity If you believe that the deceased may not have had the ability to make a Will or did not realise what they were signing, maybe as a result of: an illness (e.g. dementia, cancer, depression) medication they were taking causing confusion or them to be delirious then the validity of the Will could potentially be challenged. It could also be challenged if another person coerced the deceased into making their Will and that the terms of the Will does not reflect the deceased’s true wishes (they were unduly influenced). 2. Lack of knowledge or approval For a Will to be valid, the testator (the person who made the Will) must have knowledge of the terms of the Will and approve its content. If they didn’t have the required knowledge and approval then the Will can be challenged and declared invalid. Where there is a correctly executed will, it is presumed that the testator had the required knowledge and approval of its terms. There are exceptions to this presumption, such as where the testator has a disability affecting their speech, hearing, eyesight, or their ability to write. If there are suspicious circumstances surrounding the execution of the Will then the presumption of knowledge and approval will not apply. Homemade Wills are vulnerable to such a challenge. There is often an overlap between challenging a Will on the grounds of lack of knowledge and approval, and a challenge made on the grounds of undue influence. the conduct and state of mind of the testator may be a relevant concern especially if they had they been behaving irrationally or acting out of character. Recent bereavement, depression, temporary confusion due to poor health (such as a urinary infection) can impact in their mental faculties, short of losing testamentary capacity altogether. Do you need help with the following: Contentious probate Dispute Over Burial, Ashes and Funeral Disputes Lost, Damaged or Destroyed Wills Making a Claim Against an Estate Making a Claim Under the Inheritance Act Mistake in Will or Improper Administration Promise or Gift Before Death Reasonable Financial Provision Invalid Wills Download our FREE contested Wills guide Call us now for contested Will support Mullis & Peake have specialists in contested Wills ready to help you. Contact us online today or call us on 01708 784000. Alternatively, request a call back to have one of our team contact you at a time that suits. Request a call back Our latest insights View all latest insights Movers & Shakers, Mullis & Peake Congratulations to James Bowles Dec 3, 2021 Contested Wills and Financial Provision, Legal, Trusts & Probate, Wills & Power of Attorney Concerns about coerced Will rewriting Dec 1, 2021 MEET OUR PEOPLE Wills and Probate Team Mullis & Peake’s Wills and Probate Team covers making a will, lasting power of attorney, grant of probate and letters of administration, trusts and inheritance, tax planning and bereavement support services. Meet our people Member Manzurul Islam Manzurul is a Member and heads our Wills and Probate team. Contact Manzurul 01708 784020 Email Manzurul Chairman Martyn Trenerry Martyn is our Chairman and the firms' Compliance Officer for Legal Practice Contact Martyn 01708 784042 Email Martyn 1 2 Follow us Contact Us Explore Find Us Connect With Us Keep up to date Join our mailing list to receive updates from Mullis & Peake, including the regular newsletter, tailored information, event invites based on your interests. Sign up Accessibility Disclaimer Legal and Privacy Cookie Policy Terms of Business Regulatory © Mullis & Peake Solicitors LLP 2021 - all rights reserved. Website by Itineris