Contesting a Will due to Undue Influence

For a claim of undue influence to be successful, it must be shown that the person making the Will (known as the “testator”) was coerced into doing so. To do this, the court will consider a number of things, including:

• The testator’s physical and/or mental strength
• Their relationship with the person accused of exerting undue influence on the testator
• How independent they were at the time.

They’ll also consider the disputed terms of the Will, such as:

• The size and nature of the gift
• How this Will compares to previous Wills
• How it compares to wishes the testator had expressed before.

For a successful claim it will be necessary to show not just that a person was in a position to have used undue influence, but that they actually did.

Fraudulent calumny is when someone poisons the testator’s mind against another person with information about that person.They either know that the information is false, or don’t care whether it is or not.

The effects of fraudulent calumny and undue influence can often be similar, for example:

• Unexpected and often last minute changes to a will which are contrary to what the testator had previously said they wanted
• A disproportionately large share to one beneficiary (especially if things had been equal before).

The main difference between these two claims is whether or not the testator believes they are acting of their own free will. In the case of fraud, though they are being misled, they think they are doing the right thing. With undue influence, they are being forcefully coerced to act against their better judgement.

The question of fraudulent calumny can sometimes be raised in claims of undue influence as it’s important to understand exactly why the testator made the changes to their Will.

Most disputes can be resolved by negotiation and discussion, without having to go to court. However, sometimes this isn’t possible and court is the only way.

We understand that most people would prefer to keep their dispute out of court, and we will always do everything we can to try and reach an agreement by mediation. However, if your dispute does have to go to court, we will support you at every stage. We have the experience to handle court disputes efficiently and effectively, to achieve the best outcome for you.

The cost of a Will, trust or estate dispute varies from case to case, depending on time, complexity, and whether or not you have to go to court.

A dispute can be settled at any time if the parties can come to an agreement, and they can then decide how to split the costs between them. However, if an agreement can’t be reached and the case has to go to court, the court will decide how the costs will be paid.

How can I cover the cost of my claim?

There are various ways you can cover the cost of your claim, depending on your case. These include:

• Legal Expenses Insurance
• Conditional Fee Agreement (‘No Win No Fee’)
• Payment on conclusion
• Private monthly billing
• Litigation loans and third party funding.

We understand that funds and assets may be tied up in the disputed estate, and we’ll be as flexible as possible to ensure that’s not another worry on your mind. We’ll discuss the different payment options with you at the start.

Depending on the type of claim you’re making, you may need to start your claim within six months of the grant of representation being issued. In all cases, it’s very important to seek legal advice as soon as possible, so you aren’t prevented from making a valid and potentially valuable claim. We’ll be able to advise you on your situation and how we can help.