What the Law Commission proposes – in brief
The Law Commission has recently published a raft of recommendations to change the law surrounding Wills in England and Wales. We will be looking at some of the most significant of those proposals in a short series of articles.
One of their important proposals is to change how courts deal with cases of ‘undue influence’ on the person writing their Will. This is when someone is pressured or manipulated into changing their Will to benefit another person to such an extent that it overcomes their free will.
The proposed reforms could give families a better chance to contest suspicious Wills.
The proposal would allow courts to infer that undue influence took place in certain suspicious situations, where there is evidence that a relationship of trust and influence between the person presumed to have exerted the undue influence and the testator.
Crucially, the burden of proof would fall on the person benefiting from the Will to prove it was made freely. At the moment those contesting the Will have to prove there was manipulation at play at the time of the Will-writing process.
Helping families contesting Wills
Undue influence includes scenarios like a child gets their elderly mother to prepare a Will at home which then cuts out their siblings and makes them the only beneficiary. These cases can sometimes be hard to prove, particularly when there’s little direct evidence as much of the influence may have been exercised in conversations with the deceased. The deceased would obviously be the best witness, but often this type of conduct is only discovered after they have died.
Additionally, there is some fear of alleging undue influence in such cases because they are currently hard to prove and if unsuccessful you can end up paying the other side’s costs as well as your own.
If adopted, the reforms could give families a stronger footing to challenge suspicious Wills and better protect vulnerable individuals. However, successful claims can still be made under the current law - and getting early legal advice from a specialist like our own Contentious Wills team is essential.
If you are concerned that someone is trying to exercise undue influence on a relative or a friend of yours, TWM advises you use a solicitor to assess and evidence the persons understanding and independence when preparing a Will. In the meantime, the best protection is still a well-documented, professionally drafted Will.
How TWM can help
At TWM, we can advise you on the steps to take if you believe a Will was made under undue influence or suspect suspicious circumstances.
Our Dispute Resolution team has extensive experience in contested Wills and inheritance disputes and can guide you through what is often a complex and emotional process.
If you suspect that a Will has been influenced unduly, don't wait. Contact our Dispute Resolution team today for a consultation. Early legal advice can make a significant difference in protecting your loved one's wishes and ensuring a fair outcome.