A will should reflect the wishes of the person making it. But sometimes, concerns are raised that those wishes weren’t entirely their own and that pressure or manipulation may have influenced the outcome. This is what the law refers to as undue influence. It’s a serious allegation and one of the most difficult grounds for contesting a will. It requires clear evidence that someone overpowered the testator’s free will. This blog outlines what undue influence means in legal terms, how it’s assessed and how these concerns can be avoided through proper planning.

What Does ‘Undue Influence’ Mean in a Will?

Undue influence goes beyond persuasion or emotional appeals. It means the person making the will was pressured to such an extent that the decisions no longer reflected their true intentions. This might involve:

• A person who was vulnerable or heavily reliant on someone else for care or support
• A close relationship where one party had significant control
• Isolation from others, especially family or professionals
• A sudden change in a will that heavily benefits one person without clear explanation

The question is not whether the testator had capacity but whether their choices were their own.

How Do Courts Handle These Claims?

When a will is challenged, the starting point is that a properly signed and witnessed will is valid. Anyone claiming undue influence must provide convincing evidence that pressure affected the outcome. The court will consider:

• The testator’s relationship with the main beneficiaries
• Any signs of vulnerability or dependence
• The role of others during the drafting process
• Whether the testator had access to independent advice
• Whether changes to the will are consistent with previous intentions

The focus is on context, not assumptions. A large gift to a carer or a change excluding family might be questioned but it’s not automatically evidence of wrongdoing.

What Evidence Is Usually Needed?

These claims rely on circumstantial evidence, as there are rarely witnesses to the actual influence. Key evidence might include:

• Medical records, showing any conditions affecting decision-making
• Solicitor or will-writer notes, especially around who gave instructions and how
• Statements from people who knew the testator, such as family, neighbours or care workers
• Previous wills, to identify unusual or unexplained changes
• Behavioural patterns, such as one person controlling access or communication

The strongest cases involve a clear pattern of influence, combined with documented signs of dependence and isolation.

When Are Concerns Usually Raised?

Concerns tend to arise when a will:

• Disinherits close family members without explanation
• Heavily benefits a new partner, carer or friend
• Is changed significantly late in life or during ill health
• Is made without professional legal advice

These red flags don’t prove anything on their own. But when they appear together and especially when the will differs from long-standing arrangements, people may start asking questions.

Can Undue Influence Be Prevented?

In most cases, yes and prevention starts with how the will is prepared. Using qualified Will Writing Services or a solicitor helps ensure:

• The testator is seen alone, free from interference
• Their capacity is confirmed, if needed
• Notes are taken about why decisions are being made
• Instructions are followed without third-party involvement

Even where decisions are likely to upset someone, the right planning and documentation will usually stand up to scrutiny.

How Often Do These Cases Succeed?

Successful claims based on undue influence are rare. Courts require more than suspicion or disappointment — they need proof that the testator’s independence was compromised.

That said, a well-presented concern, supported by credible evidence, can lead to further investigation or negotiation. Some disputes are resolved without court proceedings, especially where the will appears unusual and the facts are not fully understood. For anyone considering contesting a will, early legal advice is essential. There are strict deadlines and once an estate has been distributed, it can be harder to challenge the outcome.

Planning Brings Clarity

Most wills reflect the personal choices of the individual making them. But when doubts arise, it’s important that those concerns are handled professionally, with evidence and respect for the process.

The risk of confusion or disputes can be reduced by preparing a will with the right support. At Paradigm Wills & Legal Services, we help individuals and families write clear, well-structured wills that stand up to scrutiny. If you’re worried about how a will was made or want to make sure yours is protected from future challenges, we’re here to help  with honest advice, practical guidance and complete discretion.