What is undue influence?

Undue influence refers to a situation where a person manipulates another, compromising their free will and decision-making, often in legal and contractual contexts, to gain an unfair advantage.

This typically occurs in relationships where there is a significant imbalance of power. The dominant individual exploits their advantage, compelling the other into potentially detrimental decisions.

Key aspects

• Undue influence typically involves one party manipulating a vulnerable person to secure their desired outcomes.
• Agreements found to have involved undue influence may be legally voided, depending on the influence level and any additional factors.
• Undue influence can range significantly, from minor favours to significant financial transactions.

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What is actual undue influence?

Actual undue influence occurs when there is clear evidence that the testator was pressured, coerced, or manipulated into making or changing their will against their true wishes. This may involve threats, intimidation, deception, or persistent persuasion, often by someone in a position of trust, such as a family member or carer.

To prove actual undue influence, strong evidence—such as witness statements, medical records, or communications—must show that the testator’s free will was overpowered.

What is presumed undue influence?

Presumed undue influence arises in cases where the relationship between the testator and another person suggests a strong likelihood of influence. Unlike actual undue influence, it does not require direct proof of coercion; instead, it relies on the inherent imbalance of power in certain relationships, such as between a vulnerable testator and a caregiver, solicitor, or close relative.

Once a presumption of undue influence is established, the burden shifts to the other party to prove that the testator acted voluntarily and independently.

Undue influence in wills

Undue influence in the context of wills occurs when a person manipulates or exerts excessive pressure on the testator (the person making the will) to the point where their free will is compromised, resulting in a will that reflects the influencer’s desires rather than the true wishes of the testator.

Such influence can lead to legal disputes, with potential outcomes including the invalidation of the will if undue influence is proven in court.

If you believe that the testator has been a victim of undue influence and would like to contest the will, please contact Moore Barlow’s experienced team of contesting a will solicitors.

How to prove undue influence in a will

Proving undue influence in a will within the UK legal framework can be complex and typically hinges on the following aspects:

• Demonstrating that the testator was coerced into making the will in a certain way, showing that their free will was overridden.
• Establishing a relationship of trust and confidence between the testator and the alleged influencer, thus suggesting susceptibility to influence.
• Confirming that the influencer receives a substantial benefit under the will, which is unexpected or unjustified.
• Providing evidence regarding the testator’s mental and physical condition at the time of the will’s creation, which might indicate a vulnerability to influence.
• Highlighting any secretive or suspicious circumstances around the making of the will.
• Demonstrating that the influencer had the capacity and disposition to exert undue influence on the testator.
• Showcasing substantial deviations from the testator’s previously expressed wishes without a plausible explanation.
• Revealing whether the testator received independent legal advice or if the influencer played a notable role in organising the will.
• Documenting rapid alterations to the will, especially if the testator’s health was deteriorating or other pressure was applied.

To successfully prove undue influence, it’s crucial to present a cohesive and compelling case, often supported by circumstantial evidence, to the court. Legal advice and assistance are usually fundamental in navigating through the complexity of such disputes.

What is an example of undue influence?

An example of undue influence might involve an elderly individual, who we will call Mrs. Smith. Mrs Smith is dependent on her caregiver, Mr. Jones, for her daily needs and emotional support. Over time, Mr. Jones uses his position of power to manipulate Mrs. Smith’s decisions and emotions, eventually coercing her into changing her will to leave all her assets to him, contrary to her original intention of dividing her estate among her children and grandchildren.

Mr. Jones achieves this by threats of abandonment, emotional manipulation, or by deceitfully presenting false information. This alteration of the will, driven by Mr. Jones’ coercive influence rather than Mrs. Smith’s genuine wishes, illustrates undue influence in action.

Not every case of undue influence will involve elderly individuals, or be as clear cut as this example. Undue influence is often subtle and may grow over a long period of time. If you suspect undue influence has played a role in the will of a loved one, seek specialist legal advice as soon as possible.