The role of undue influence in Wills cases

Previous examples of case studies used by Wills solicitors in North Wakes to demonstrate the insidious effect of undue influence on testators have been used to showcase the difficulties faced by the legal system in examples of familial disputes.

The Rea V Rea case shows that the accusations of undue influence can lead to complex and lengthy disputes. In this example, a mother, Anne, changed her previous Will that left her estate in equal parts to all four of her children. The amendments meant that her daughter Rita inherited the largest portion of the estate, which the other children went on to dispute. Rita was considered to be a forceful presence in her mother’s life, though she did care for her in her last years.

The other children challenged the new Will and, although it was initially overturned and the original Will reinstated, the decision was overthrown in the Court of Appeal, making Rita the main recipient of their mothers estate. Although it was acknowledged that Rita was a powerful influence over her mother and could be domineering, the appeals judge determined that this did not mean she had undue influence on her mother. Many Will writing solicitors consider this a test case for the drawbacks of families trying to use the undue influence excuse when parents change their Will.

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