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.