The England and Wales Court of Appeal (EWCA) has overturned the England and Wales High Court (EWHC) decision in a recent will litigation case. Head of Civil & Commercial Litigation, Andrew Leakey, warns how difficult it is to get a will set aside due to undue influence. 

Anna Rea (deceased) made a will in 2015 giving her home, her most valuable asset, to her daughter (the claimant). The deceased’s three sons (the defendants) only received a quarter share of the residue. The sons weren’t aware of this will during the deceased’s lifetime and issued a claim against it following her death, disputing its validity saying she lacked capacity and that the claimant had exerted undue influence over her. They instead wanted a will she made in 1986 to be considered.  

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In the years following, several appeals were made by the defendants, with one being successful in 2022 after the judge found the claimant to be an unreliable witness who gave an untruthful account about how and why the 2015 will was made. The claimant then appealed this decision to the EWCA, with those hearing the appeal unanimously deciding that she had not used undue influence regarding the 2015 will.  

The EWCA noted that the deceased had capacity to make her will and that there was no direct evidence that the claimant had coerced the deceased into her decision. They confirmed that the deceased had repeatedly expressed her wish to leave her home to the claimant in her will. There were ‘perfectly rational’ reasons for the deceased to want to do so, including the fact that the claimant had lived in the home and cared for the deceased for 6 years, and that the deceased believed that the defendants had ‘abandoned her’ and ‘did not care’ about her.  

Speaking on the requirements for getting a will set aside, Andrew says: 

Once again, the Court has confirmed the difficulty in seeking to set aside due to undue influence and the evidence required in order to plead such a case. 

It is important that you seek legal advice as soon as any disputes arise around a will so you can get support in negotiating and avoid lengthy and expensive trials. Call us today or make an enquiry to speak to a member of our expert team.