Undue influence in the context of a will.
Our solicitors specialise in probate and wills, and offer a free consultation service. Simply call us on 0333 888 0439 or email us at info@probateandwillssolicitors.co.uk
Our probate solicitors are frequently asked, ‘What is undue influence in a will?’
Undue influence occurs when someone is coerced into making a will that they did not want to make. This happens when pressure is exerted on the maker of the will to the point that their free will is broken. A will that is made under undue influence is legally invalid and should not be used to distribute the deceased person’s estate.
This is one reason why it is so important for people to retain a solicitor to prepare their will. By using an independent professional lawyer to make the will, it is will be difficult for someone to subsequently argue that the maker of the will has been pressured or coerced into making it.
How we can help avoid the risk of undue influence in a will
Our specialist will lawyers are all trained to pick up on any suggestion of undue pressure or influence. One of our team, Zoe Nicholson, recently visited a client at home to discuss their will; the home visit having been arranged by the will maker’s carer. When Zoe arrived at the client’s home she ensured that no one else was present at the appointment. It became apparent during the meeting that the client did not wish to change their will and was in fact completely unaware that we had been contacted.
The carer who had made the appointment arrived at the client’s home after the meeting had finished and requested Zoe to disclose information regarding the meeting. Zoe, of course, refused to do so. As a result of Zoe’s vigilance, a case of undue influence was avoided.
Unfortunately this is not an uncommon occurrence and it highlights the importance of instructing a solicitor to prepare your Will. It is also the reason we ask to see our clients on their own when taking instructions, without anyone else being present.
We operate a fixed fee scheme for preparing simple wills. For more complex wills we shall be happy to provide a specific quote.
