Contesting a Will: Undue Influence and Fraud

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It is essential that any Will reflects the wishes of the Will maker and not somebody else.

It is up to whoever alleges undue influence or fraud to prove their claim. An allegation of undue influence in relation to the making of a Will is one of the most difficult allegations to prove since the main witness, the Deceased, is no longer with us and therefore cannot give evidence to assist the Court. 

Therefore, such a claim should not be undertaken lightly. For there to be a claim under this heading worth pursuing, there must be clear evidence of coercion, intimidation or trickery.

We have also come across several cases of forgeries, where people have attempted to pass off a fake signature or fabricated document, as genuine. Such cases are not common, but do occasionally occur and it is necessary to consult closely with document analysts in addition to carrying out the other wider enquiries and investigations, as there are normally also suspicions and allegations touching on one or more of the other grounds for disputing the validity of a Will. Please see our page on Challenges to the Validity of Wills for further information.

For further information on contesting a Will and to find out how we can help you, please contact our Will and Trust Disputes Team on 01279 755777 or get in touch with Daniel Winter, Partner in our Will and Trust Disputes Team.

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