Is your will is valid? Our free review will give you the answers.

The question of is your will valid may not be an everyday concern. Many people don’t consider the value of writing a will when making future plans. Having a will clarifies how your property and possessions will be dispersed after your passing. It’s an essential step in making sure your desires are carried out and your loved ones are taken care of. But do you know if your will is valid? A will may be declared invalid in the UK for a number of different reasons. Here’s one of them.

Undue influence

If a person is coerced or unduly influenced by another person into making a will that does not reflect their true wishes, the will may be invalid. This can occur when a person in a position of trust or authority over the testator exerts pressure on them to make certain provisions in their will.

Undue influence is a legal concept that refers to situations where a person has been coerced or manipulated into making a decision that they would not have otherwise made. In the context of wills, undue influence can occur when someone uses their position of power or influence over the testator (the person making the will) to persuade them to include certain provisions in their will or to exclude certain beneficiaries.

If a person makes a will based on undue influence, the will may be contested by those who have been adversely affected by its provisions. To contest a will based on undue influence, it is necessary to provide evidence that the testator was coerced or manipulated into making decisions that they would not have made if they had been acting freely and independently.

In order to establish undue influence, it is necessary to demonstrate that the influencer had a relationship of trust and confidence with the testator and that they used this relationship to exert undue pressure on the testator. Factors that may be taken into account include the influencer’s age, physical or mental condition, the nature of the relationship between the influencer and the testator, the timing of the will, and the presence of any other suspicious circumstances.

If a will is found to have been made under undue influence, the court may declare it invalid and set it aside. Alternatively, the court may order that the will be varied to reflect the testator’s true wishes. In either case, the estate will be distributed according to the rules of intestacy, unless there is another valid will in existence.

It is worth noting that proving undue influence can be difficult, as it often involves demonstrating the subjective state of mind of the testator. If you suspect that a will has been made under undue influence, it is advisable to seek legal advice as soon as possible. A lawyer with experience in contentious probate cases can help you to navigate the legal process and maximize your chances of success.

Creating a will is an important step in planning for the future. It allows you to choose how your assets will be distributed, can help to avoid family disputes, reduce estate taxes, name a guardian for your children, and provide peace of mind. But all these benefits will be for nothing if the will has been invalidated.

Click here for a FREE will review to give yourself and your family everlasting peace of mind.