A will is a legal document that states how a person’s assets should be distributed after they die. However, a will can be disputed if it is believed that the person who made the will was unduly influenced.
Undue influence is when someone is pressured into making a will that they do not want. This can happen if someone is threatened, intimidated, or exploited. It can also happen if someone is vulnerable, such as an elderly person with dementia.
If a will is disputed, the court will have to decide whether the person who made the will was unduly influenced. The court will look at all the evidence, including any documents that were signed.
If the court finds that a will was unduly influenced, it will be declared void. This means that the will has no legal effect and the person’s assets will be distributed according to the laws of intestacy (unless there is a previous, valid will).
There are a number of things that you can do to protect yourself from undue influence:
* Make sure that you understand what you are signing before you sign a will.
* Do not sign a will if you feel pressured or threatened.
* Talk to a lawyer if you are unsure about whether you are being unduly influenced.
* Make sure that your will is stored in a safe place.
* Tell your family and friends where your will is stored.
Here are some of the signs that someone may be unduly influenced:
* The person who made the will is not mentally competent.
* The person who made the will is under pressure from someone else.
* The person who made the will is not aware of what they are signing.
* The person who made the will is not able to make their own decisions.
If you are concerned that someone may be unduly influencing a loved one, you should talk to them about your concerns. You should also contact a lawyer for advice. Contact clerks@anvilchambers.co.uk to arrange to speak to a specialist wills & probate barrister.