info@womeninenterprise.co.uk
  • Home
  • About the Group
    • Our chosen Charity
    • The Committee
    • Members
  • News
  • Our Events
    • Recent Events
  • Keep in touch
Join Us
Product has been added to your basket.

Tiffany Benson from Hewitsons explains “Grounds to Contest a Will: Undue Influence”.

Posted on 1st July 2019
Undue influence is one the grounds available to contest a Will. Due to the fact that undue influence often takes place behind closed doors, it can be very difficult to prove.
What is undue influence?

Undue influence is considered to be a form of coercion. Coercion is the intimidation of a victim, to compel the individual to do some act against his or her will by the use of psychological pressure, physical force, or threats. In the context of Wills, coercion is present when a testator is forced by another, to make provision within his or her Will, which they otherwise would not have made, were they acting according to their own free will.

Fraudulent calumny is a specific kind of coercion, which is involves a more subtle form of influence. In such cases, the testator makes their Will of their own free will, however their perceived perception of a potential beneficiary of their estate is changed by another, who knows such representations to the testator to be false. Such comments induce the testator to leave more to the perpetrator of the false representation, or to leave no money, to the potential beneficiary.

Proving undue influence

When contesting a Will, the person making the allegation must be able to prove that undue influence was exerted upon the testator. There is a high evidential burden that claimants need to surmount in proving undue influence successfully.

In Edwards v Edwards [2007], the Court set out the following criteria for undue influence:

The facts are inconsistent with any other hypothesis;
Undue influence means influence exercised by coercion (the Deceased’s own discretion and judgement is overborne) or fraud;
Coercion is pressure that overpowers the testator’s own wishes without actually changing their mind;
The physical and mental strength of the testator are relevant factors in determining how much pressure is necessary in order to overpower the Will;
The person making the Will has not acted as a free agent in making their dispositions.

Should you require any further advice or assistance on contesting a Will, please call Hewitsons today on 0330 311 0885, to speak to one of our solicitors. We offer a free initial consultation, to all new clients, lasting up to 30 minutes. Alternatively, please complete our online form and a member of our team will be in touch to discuss your enquiry.

 

Previous Post
Emily Pool asks, “Are You Paying Too Much Tax?”
Next Post
Amanda Wright of Yellowyoyo needs your support for CEO Sleepout 2019

Recent Posts

  • MK Community Foundation Car Draw! 11th August 2022
  • Women in Enterprise celebrate International Women’s Day 8th March 2022
  • MK Community Foundation launches their Vital Signs 2021/22 report 5th October 2021
  • How to create an awesome lead magnet 18th February 2021
  • 6 key questions to ask on your feedback survey 15th January 2021

Categories

  • News (61)
  • Home
  • About the Group
  • News
  • Our Events
  • Join the Group
  • Keep in touch

Recent Posts

  • MK Community Foundation Car Draw! 11th August 2022
  • Women in Enterprise celebrate International Women’s Day 8th March 2022
  • MK Community Foundation launches their Vital Signs 2021/22 report 5th October 2021
  • How to create an awesome lead magnet 18th February 2021

Contacts

info@womeninenterprise.co.uk
LinkedIn
Twitter
Facebook
Flickr

© 2023 Women in Enterprise. All Rights Reserved. Website by Adampaul

This website uses cookies to improve your experience. If you continue to use this site, you agree with it.