Legal News | 15.06.26

Persuasion vs Coercion: How Courts Decide Undue Influence in Will Disputes

Not sure what “undue influence” means? In simple terms, it’s when someone coerces a person into making or changing a Will against their true wishes. Courts set a high bar for proving this; persuasion, opportunity or simple influence isn’t enough. The influence must be “undue”.

What does undue influence mean in law?

To succeed in an undue influence claim, you must show coercion, which is pressure so strong that the testator’s (the person who made the Will) free will was overborne. The burden of proof lies with the person challenging the Will.

Courts look for evidence for some or all of the following:

• The influencer controlled access to the testator
• There was secrecy or isolation around the Will-making process
• The Will represents a radical departure from previous versions
• The influencer benefited significantly from the changes

Persuasion vs Coercion

It’s natural for people to express wishes or make suggestions. That’s persuasion, and it’s not illegal. Coercion, however, means the testator felt they had no choice but to comply.

Case in point: Rea v Rea (2024)

The Court of Appeal confirmed that proving undue influence requires showing it is more probable than any other explanation for the Will’s terms. Professional involvement and capacity checks often make undue influence harder to prove.

Langley v Qin (2024)

In contrast, this case saw a Will set aside for undue influence and lack of capacity. The facts showed vulnerability, isolation, and radical changes benefiting one party, illustrating when courts will intervene.

If you suspect undue influence on a Will when someone has passed away, Wansbroughs can support you and gather:

• Notes from the drafting solicitor
• Witness statements about who was present during instructions
• Medical records showing vulnerability
• Prior Wills for comparison
• Communications suggesting pressure or threats

Act quickly if you have concerns. Entering a caveat can halt probate while evidence is preserved.

At Wansbroughs, we offer a no-obligation initial 20‑minute discussion if you’re worried about undue influence.

This article should not be relied upon as legal advice. If you would like specific legal advice, or require any assistance, then please get in touch: 020 4549 2460 or 01380 733300 | contentiousprobate@wansbroughs.com