Undue influence

Continuing with our articles on contested matters

We are often approached by disappointed beneficiaries who maintain their loved one has been influenced in dividing their estate and they have been left out of the will entirely.

Of course this depends on evidence but often when investigated the claimants have confused undue influence simply with the wishes of the testator and family wishes.

It is not undue influence by one member of the family simply saying in conversation that they think certain wishes or divisions should take place.

There is a large number of cases relating to this subject.

The morale of this story is take independent advice as soon as possible.