New guidance on undue influence in Will making

This year, new recommendations relating to Will making in the UK were published.

One of the matters investigated, which interested Will writing solicitors in North Wales, was undue influence. Although there are already laws in place to protect a testator from being manipulated by someone hoping to benefit from their death, it has generally been difficult to prove and even harder to bring such cases before the courts.

The new guidance advises that on occasions when there are suspicions that someone has been coerced or forced into leaving a legacy for someone, it will be up to that potential beneficiary to prove that there was no ill intent. This is a radical change and one that legal advisors believe will act as a deterrent for those who may use undue influence to benefit from a Will.

If these proposals are adopted, solicitors in North Wales should continue to ensure that all appropriate checks are carried out during the Will writing process. These should include challenging any suspicious activity from those hoping to be beneficiaries and possibly investigating new beneficiaries who have never previously been mentioned or involved in the testator’s life. It may also be appropriate to look into why a close family member has been disinherited unexpectedly. Testators must be fully aware of the contents of their Will.

Here at Bennett Smith Solicitors, we can provide the advice and guidance you need to make a lawful and appropriate Will. Contact us today to discuss.