Undue Influence and Forgery

It is essential that any Will reflects the wishes of the testator 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.

Signs of undue influence in a Will can include:

• sudden or numerous changes in the Will or departure from a previous testamentary pattern.
• the testator being isolated from family and friends.
• the testator being dependent on the influencer.
• the influencer being present during the Will signing.
• the testator being in poor physical or mental health.

Under English law, if there is evidence of undue influence, the Will may be challenged and declared invalid.

To prove undue influence in a Will, it must be shown that the testator was coerced or manipulated into making certain decisions. Evidence is often circumstantial because undue influence is usually covert. Evidence can include witness statements from those who knew the testator when the Will was made, medical records showing the testator was a weak and vulnerable adult. The burden of proof is on the party contesting the Will, and they must show that the influence was so strong that it overpowered the testator's free Will.

There is no time limit for a court action to challenge the validity of a Will. However, delay may result in important evidence being lost, forgotten or destroyed. The court may also not be willing to allow a claim to proceed if there has been extensive delay if it is concluded that it is not fair to the defendant that they are faced with a claim.

A Will can be challenged on grounds of undue influence even after probate has been granted but if probate is granted before the challenge is made then there is a danged that the assets of the estate will have already been distributed in compliance with the suspicious Will.

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 others pages on will disputes for further information.