Overcoming Challenges In Getting A Will Declared Invalid In Law

Most contentious probate practitioners will testify to the difficulty in bringing a case that a will is invalid due to undue influence. These types of legal claims are incredibly challenging, demand substantial evidence to support the assertion, and the burden of proof lies with the claimant. However, in exceptional cases, these claims can be successful.

The difficulty in bringing a case of undue influence and getting a will declared invalid is largely in part because courts seek to protect the testamentary freedom of the testator to entail their estate freely without retrospective interference.

The case of Edwards v Edwards [2007] Lewison J provided a summary of the law on undue influence, which is as follows:-