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.

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.

Roman Kubiak advances his clients’ cases with great humanity and efficacy.

Chambers & Partners

Roman is exceptional. He has an expansive mind and is very knowledgeable, but is really practical as well when wading through a problem or a dispute.

Chambers & Partners

Roman is very well recognised in this specialist area of work. He fights his client’s case but is also commercially aware and sensible, and a pleasure to deal with.

Chambers & Partners

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

Related services

Contesting a will Private wealth disputes

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