Challenging a Will - What to do if you suspect undue influence

Contemplating that a loved one has been unduly influenced by someone close to them is a morally unsettling thought, but nonetheless is not as uncommon as it seems.

Unfortunately, disputes over inheritance are on the rise and one of the key lines of enquiry within our contentious probate team are as a result of a concern over undue influence.

What is undue influence?

Undue influence is when another person uses manipulation, coercion, or pressure to influence a person into giving them a benefit in their Will, which they otherwise wouldn’t have done.

Sadly, coercion can take many forms including physical violence, verbal abuse, and threatening behaviour, or even simply repeatedly raising the issue of gifts when a person is at their most vulnerable.

Claims for undue influence in Will writing are notoriously difficult to pursue and can be some of the most complex legal claims to prove. To succeed, it is usually necessary to show there has been coercion rather than simply persuasion.

Nonetheless, if there is merit in the allegation then you may have grounds to challenge the validity of the Will as was the case in the estate of the late Shirley Guymer.

Will dispute dubbed by the judge as a “fight to the death”

Shirley Guymer passed away in 2016 widowed and childless. Following her husband’s death in 2014, she wrote a Will which equally split 95% of her estate between her nieces and nephews.

However, in 2016 and just two months before she passed away of terminal cancer, she made a further Will which left her Hampshire home worth over £650,000 and made up the bulk of her estate to her brother, Terry Crook, and his two sons. The remainder of the estate worth approximately £180,000 was to then be divided between Mrs Guymer’s younger relatives.

This unexpected change of heart raised alarm bells for Mrs Guymer’s sister, Diane Stoner, and her niece who went on to contest the new Will and accuse Terry Crook and his sons of coercion.

It was argued that Mrs Guymer had lost capacity before the final Will was signed and she was bullied and coerced by Terry Crook and his family to the extent that she was ‘procured by undue influence’ with Mrs Guymer being forced to sign the document in a hospital waiting room.

The defence from the three male beneficiaries centered around the belief that the 2016 Will was drafted because Mr Crook had previously owned the land and he had gifted the plot to his sister. The families had remained neighbours right up until her death and therefore Mrs Guymer had long hoped to pass the land back to Mr Crook before she passed away.

The case settled just before trial with the male relatives agreeing that the most recent Will should not be used and the previous Will was put into effect.

Seek early advice

If you are suspicious of the circumstances around someone making a Will and believe that there has been coercion that could be substantiated with further investigative steps please get in touch with our contentious probate team without delay.