You Suspect Undue Influence on a Will
If you believe a will was made as a result of undue influence — pressure or coercion that overrode the testator's free will — you can challenge its validity. This page explains the legal test, how to enter a caveat, and the evidential difficulties involved.
Quick Answer
Enter a caveat at the Probate Registry (form PA8A, £3 fee) to stop probate being granted while you investigate. The evidential bar for undue influence is high — courts require evidence that the testator's will was overborne (Edwards v Edwards [2007]). An Inheritance Act 1975 claim is often a more practical alternative.
Full Explanation
A will may be invalid if the testator lacked testamentary capacity (Banks v Goodfellow [1870]), did not know and approve the contents, or executed it under undue influence. Of these, undue influence is the hardest to prove because English law requires actual coercion that overpowers the free agency of the testator. Mere persuasion, even strong family pressure, is not enough: the influence must have been such that it destroyed the testator's own wishes and substituted someone else's.
The leading modern authority is Edwards v Edwards [2007] EWHC 1119 (Ch), which confirmed that in the context of wills, undue influence requires 'coercion' — pressure so great as to make it impossible for the testator to refuse. This is a much higher bar than the equitable doctrine of undue influence applicable to contracts and lifetime gifts. Cases succeeding on this ground in the context of wills are rare.
To prevent probate being granted while you investigate, enter a caveat at the Probate Registry using form PA8A (or online via HMCTS). The caveat costs £3 and prevents a grant for six months (renewable). Once lodged, the personal representative must issue a 'Warning' against the caveat; you must then file an 'Appearance' to maintain it or the caveat lapses. Entering a caveat does not start litigation — it merely pauses the process.
Given the difficulty of proving undue influence, many claimants pursue an Inheritance (Provision for Family and Dependants) Act 1975 claim instead. This does not challenge the validity of the will but asks the court to vary the distribution in favour of someone who has not received reasonable financial provision. The six-month time limit from the grant runs whether or not a caveat was in place.
If you have evidence of coercion — witness accounts, medical records showing vulnerability, financial records showing sudden asset transfers — consult a contentious probate solicitor urgently.
Legal Basis
- §Wills Act 1837 s.9 — formal validity requirements for wills; a will executed under undue influence lacks validity
- §Edwards v Edwards [2007] EWHC 1119 (Ch) — confirmed the high coercion test for undue influence in will challenges
- §Banks v Goodfellow (1870) LR 5 QB 549 — four-part test for testamentary capacity
- §Inheritance (Provision for Family and Dependants) Act 1975 — alternative route to financial provision without challenging will validity
What To Do
Enter a Caveat at the Probate Registry
File form PA8A (or apply online via HMCTS) with the £3 fee. The caveat will appear on the deceased's record and prevent any grant of probate or letters of administration for six months. Act quickly — if a grant is issued before the caveat is entered, it becomes much harder to challenge.
Gather Evidence of Coercion or Lack of Capacity
Obtain the deceased's medical records (GP, hospital, memory clinic) around the time the will was executed. Interview witnesses who were present or observed the deceased's condition. Request attendance notes from the solicitor who drafted the will — the solicitor has a duty to keep records of the instructions and any capacity assessment.
Instruct a Contentious Probate Solicitor and Send a Letter of Claim
Instruct a solicitor experienced in contentious probate. They will review the evidence and advise whether the claim has sufficient merit. If it does, send a letter of claim to the proposed executor or administrator setting out the basis of challenge and inviting them to pause the probate application pending resolution.
Attempt Mediation Before Issuing Court Proceedings
Contentious probate litigation is expensive. Courts strongly encourage mediation. Most cases settle. A mediator experienced in probate disputes can help parties reach a compromise without the cost and delay of a full trial. If mediation fails, a claim must be issued in the Chancery Division (or County Court for lower-value estates) before the caveat period expires.
Important Deadlines
Important Warnings
The evidential bar for undue influence in wills is very high — coercion is required, not mere persuasion. Without strong evidence, the claim is unlikely to succeed and costs may be ordered against you.
A caveat must be renewed every six months and will lapse if you fail to file an Appearance after a Warning is issued. Monitor the probate registry record carefully.
Consider the Inheritance Act 1975 as an alternative — it does not require proof of undue influence and may produce a better outcome at lower cost.