Contesting A Will Due To Undue Influence

Undue Influence in Will Disputes

Undue influence arises where someone has been pressured, coerced, or manipulated into making a will they did not truly want. It can invalidate the entire will, but the legal test is demanding, so specialist evidence and careful analysis are essential.

What counts as undue influence?

Undue influence can take many forms, including:

isolating the testator from friends or family
controlling access to money, communication, or care
threatening behaviour or emotional manipulation
persuading a vulnerable person to change a long-standing will
dictating the terms of the will or arranging the solicitor

The pressure must be such that it overpowers the testator’s free will.

Fraudulent calumny is a species of undue influence and involves deliberately poisoning the testator’s mind against someone who would otherwise have benefited.

Why is undue influence difficult to prove?

Unlike lifetime transactions, will-writing undue influence is not presumed — it must be proved with strong evidence. The courts look carefully at:

the relationship between the parties
the vulnerability of the testator
sudden or inexplicable changes in the will
who was present when the will was made
whether the beneficiary was involved in giving instructions
whether the will was kept secret

What evidence helps prove undue influence?

Key sources include:

medical and care records
solicitor’s attendance notes
witness statements from family, carers or neighbours
previous wills
financial records showing control or dependency
text messages, emails or call logs

What should you do if you suspect undue influence?

Act quickly. We can help you:

obtain and preserve key evidence
stop the estate being distributed
assess whether a caveat should be lodged
communicate with executors on your behalf
begin pre-action steps
pursue court proceedings if necessary

How Hugh James can help

Our private wealth dispute solicitors has acted in some of the leading undue influence cases in England and Wales. We approach these claims with a combination of robust investigation and practical, empathetic guidance.

Roman Kubiak is described by a client as “tremendously capable, he knows what he is doing. He’s a national figure.” Another source adds: “Roman is exceptionally knowledgeable, he is very pragmatic and very solution-oriented.”

Chambers & Partners

A natural and dynamic leader’, the ‘very impressive’ Roman Kubiak heads the firm’s Private Wealth Disputes team and is noted for his ‘deep knowledge of estates and trusts law’.

The Legal 500

Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team. He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.