A will has to accurately reflect the wishes of the person who is making it. If someone is put under pressure to change their will or leave out a certain beneficiary this is actually a valid reason to challenge a will.
Family members may be shocked and surprised by a will once their relation dies especially if there is a large, unexpected gift or a new beneficiary. This may not necessarily mean there was undue pressure or influence, but it can cause suspicion.
Sometimes, people have not discussed their will with their family before they die because of the fact that it may not contain what they want it to. But this in itself can cause rifts and suspicion about undue influence.
Can You Prove Undue Influence?
This is very difficult to prove and it’s really important to understand the implications of challenging a will on these grounds.
You’ll have to produce clear evidence that supports your claim as this is a very serious allegation to make. There are many implications that you’ll have to take into account such as the possibility this type of challenge will forever affect your family relationships.
You’ll also have to factor in the risks of making an unsuccessful legal challenge on a will. You may be in the position to have to pay all your legal costs and those of the person you’ve challenged. This can be a significant amount of money.
We can offer you a no obligation, free initial discussion about the circumstances of your case. We’ll cover the evidence you have and talk to you about the risks, the likelihood of winning your claim and also how you could pay your legal costs.
Call us now on 0117 926 4121 to arrange a free initial discussion with one of our experienced will dispute solicitors or make a free online enquiry. We can help you.
Who can Dispute a Will?
To challenge a will because of undue influence, you have to be one of a number of people. They are:
Anyone who is in a position to inherit from the will, known as beneficiaries
Any person or organisation who was promised money in the will or who had an expectation of receiving it
- Anyone or any organisation who has been left out of the will, but were previously included in a previous version of the will
- Any relations or people who were dependent on the person who died.
You should speak to a specialist will disputes solicitor about whether you can contest a will on the grounds of undue influence.
We can offer you advise on whether your claim against the will is likely to be successful or not, depending on the circumstances or evidence that you have about the pressure or influence that was put on.
We can also tell you if you have a right to challenge the will.
If you would like a free, no obligation discussion about your circumstances with one of our specialist wills dispute solicitors, please call us on 0117 926 4121 or make a free enquiry online.