Against Your Will

Undue influence is a notoriously difficult claim to make in the context of Will-writing, as the now-deceased testator would usually be the best person to ask if they were put under pressure to sign a Will. Court decisions have helpfully produced case law which sheds light on the burden of proof required and what can (and cannot) count as coercion.

Edwards v Edwards [2007]

Mrs Edwards had 3 sons: one, Reggie, predeceased her and the surviving two, John and Terry, were parties to the dispute. Mrs Edwards had a close and trusting relationship with John and his wife, Carol, who supported her regularly. Mrs Edwards’s relationship with Terry was unfortunately strained due to his alleged abusive behaviour.