Undue Influence Claim Fails

A claim that a will is invalid because of ‘undue influence’ having been brought to bear on the testator demands a high standard of proof in order to succeed.

 

A recent case concerned a man who in 2001 had set up two settlements and made his son and daughter trustees of them. They were also beneficiaries under the settlements. The man had set up an earlier settlement benefiting only his daughter and a second daughter.

The man lived with his daughter, who cared for him. In the fullness of time, he executed a deed by which his son was removed as a trustee of the two settlements and was also removed as a beneficiary under them.

 

The son sought to have this set aside on the ground that his sister had exercised undue influence over their father.

 

In court, evidence was given that the father was not the sort of man whose mind could easily be swayed. Furthermore, the father had reason to believe that his son was under the influence of someone he neither liked nor trusted. He also wished to ensure that his daughter’s financial position was secure. Also very important in helping the judge reach his decision was the fact that the family solicitor, who had a history of involvement with the family, had been present at two meetings with the man, at which the changes to the settlements were discussed, and had drawn up the deeds.

 

In the court’s view, all this added up to a man who had made up his own mind without undue influence being exercised.