What is undue influence?
Undue influence describes the situation where an individual is coerced into making a will that is unrepresentative of their actual intentions of how they want their estate to be managed. This pressure can take many forms and can present as physical force, mental pressure or a combination of both.
Usually, a party raises the concern of undue influence in regards to a will when they worry that one relative or party has exerted pressure on the deceased to change their will before they die. Disputing a will under undue influence can be a complex and challenging claim to make, especially given the fact that much pressure may have been placed on the deceased in private.
The Cautionary Tale of Oliver v. Oliver
William Oliver died at age 86. He had written three wills in his lifetime. The first two wills made provisions for his estate to be divided by his five children in broadly equal terms. However, his final will written in 2015 made his eldest son, Rodney Oliver, the sole beneficiary of his estate. The drastic difference between the first two wills and his final will marked an unusual shift in attitude. This prompted the youngest daughter, Jane Oliver, to set aside the last will made by William on the following grounds:
- The will did not comply with the formalities to make a will;
- William lacked testamentary capacity to make a will; and
- The will was procured by undue influence.
The set of facts was complicated as the will had been professionally drafted, a transcript of the testator’s instructions was available, and there was a certificate obtained from the GP marking his testamentary capacity.
However, this all masked the presence of undue influence and a lack of capacity. The claim was successful on the ground that William lacked capacity in 2015. Importantly, the judge also noted that had that not been the case, the will would have been set aside and invalidated on the grounds of undue influence.
The lack of capacity claim
William was found to be unable to properly weigh relevant information. He was reliant on Rodney for his interpretation of information, all decision-making was left to Rodney, and he had delusions about various familiar members spurred on by poor mental health as well as statements Rodney fed him.
The undue influence claim
William was found to be so under Rodney’s control and so in fear of being abandoned by him at the time he made his will that there was no alternative available to him but to go along with Rodney’s wishes such that, in the judge’s words, “The 2015 Will was tainted by undue influence and so would have been set aside.”
Case comment
Oliver v Oliver is a reminder of the complex nature of contentious wills claims. It demonstrates that an estate, seemingly straightforward to distribute, can quickly become entangled in legal intricacies and individual circumstances of a case. Seeking legal advice when you are in situations where you suspect coercion and pressure has been exerted against the deceased is important.
Not only can we offer assistance in explaining the complicated legal and factual matrix, but we also appreciate that this can be an emotionally straining claim to make and can support you through the process.
Our team of experts deal with these cases regularly and will be happy to assist you. As a top firm for client satisfaction, we have built a reputation as good listeners, who can help break down complex legal jargon into words you can understand and are experts at advising on your specific situation.
