Undue Influence

It may be possible to challenge a gift made in a Will if you think someone pressurised the testator into making a decision.

If you believe undue influence has been used and want to make a claim, the burden of proof rests with you. Without evidence to the contrary the law presumes a Will reflects the genuine wishes of the person who made it.

Undue influence is of course possible when the testator is of good mental and physical health, but it occurs more often where this is not the case.

Undue influence is more than persuasion. It does not necessarily involve a physical threat, but a person must have felt obliged to leave a gift because somebody put pressure on them to do so.

If undue influence is proved then any gift obtained through this manipulation may be set aside.

Anyone defending an allegation of undue influence needs legal representation, as do those making a claim.

Our contentious probate solicitors can also advise executors involved in an estate where someone is challenging the validity of a Will.

Brighton office

Tel 01273 775533

Eastbourne office

Tel 01323 730543

East Grinstead office

Tel 01342 310600

Forest Row office

Tel 01342 822112

Lewes office

Tel 01273 477071

Seaford office

Tel 01323 891412

Pulborough office

Tel 01798 875358

Storrington office

Tel 01903 743201

Gatwick office

Tel 0800 84 94 101

Primary Contact

Barry  Davis
Barry Davis

Partner

T | 01323 744412
E | email