Court of Appeal Finds No Undue Influence in Will Dispute

Inheriting after someone close to you has died can be a bittersweet experience. However, when the terms of a Will seem unfair or unexpected, suspicions of undue influence may arise. Undue influence is when someone pressures or manipulates the individual into making a Will and leaving their assets in a specific (often unexpected) way. However, a recent case, Rea v Rea, in which the Court of Appeal overturned a High Court decision, finding no undue influence happened, highlights how complex Will disputes can be. While challenging a Will on these grounds is possible, proving that undue pressure has been applied is invariably daunting.

Rea vs Rea 2024

Background

This case is a stark reminder of how difficult it is to establish undue influence. Anna Rea, a woman who had previously divided her estate equally among her four children in a 1986 will, left her house (most of her estate) to her daughter Rita in a new Will drafted in 2015. This significant departure from the previous Will sparked suspicion in Anna’s sons, Remo, Nino, and David. They argued that Rita, who lived closest to their mother and handled some of her financial affairs, had unduly influenced Anna into changing the Will, particularly given Anna’s advancing age and reliance on Rita for specific daily tasks.

Initial High Court Judgment

The sons presented evidence that Rita was heavily involved in arranging the drafting of the 2015 will. They also pointed to their mother’s declining health and suggested her mental capacity may have been compromised at the time the new Will was signed. However, the High Court initially sided with the sons, raising concerns about the lack of documented reasons for the significant change in beneficiaries and the potential for Rita’s influence to have been undue.

Court of Appeal February 2024

However, the Court of Appeal overturned the High Court’s decision. The appellate judges found that the sons hadn’t presented enough concrete evidence to prove coercion.  While the court acknowledged the close relationship between Rita and Anna, they also highlighted the presence of a solicitor during the drafting of the 2015 Will.  The solicitor testified that Anna appeared to understand the Will’s contents and made her decisions freely. Additionally, medical records indicated that Anna possessed the mental capacity when the Will was made.  Ultimately, the Court of Appeal concluded that the sons hadn’t met the burden of proof, and the 2015 will was deemed valid.

Comment

This case illustrates the complexity involved in undue influence claims. Although the sons presented a narrative suggesting potential manipulation, more was needed to overcome the presumption of a valid Will, especially with evidence of independent legal advice present. This case highlights the importance of considering the testator’s relationship with the beneficiary and the presence of safeguards like a solicitor’s involvement during the will-drafting process.

Critical Aspects of Proving Undue Influence

The Deceased’s Voice is Absent

Sadly, the person best placed to explain their intentions is no longer around. Establishing their true wishes and whether outside pressure has influenced their decisions is difficult.

The Burden of Proof

The person contesting the Will must provide evidence to convince the court that it’s more likely than not that the individual making the Will was pressured.

Coercion, not Persuasion

Undue influence goes beyond mere persuasion. It involves a degree of coercion or manipulation that overrides an individual’s own choice. Courts consider factors like the testator’s vulnerability, the beneficiary’s dominant position, and the unnatural nature of the Will’s provisions.

Independent Legal Advice

A Will drafted by a solicitor experienced in estate planning strengthens the case for validity.  The solicitor acts as an independent witness, ensuring the person making the Will understands its contents and makes decisions freely.

Our Advice

Proving undue influence can be complex. Evidence is often circumstantial, and the deceased can’t testify. While undue influence remains an option to challenge a Will, the bar for proving the case is exceptionally high—and costly! In Rea vs Rea, the judgment highlighted the concern that the legal costs could exhaust the entire estate, leaving nothing for the beneficiaries.

Our specialist lawyers have many years of experience advising clients about Wills, trusts, and probate, including inheritance disputes. If you are concerned about a loved one’s Will or need advice on any other matter, please get in touch with us today. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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