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ARTICLE · 21 AUGUST 2024

Rea V Rea: The Evidential Burden In Proving Undue Influence (20 August 2024)

Duncan Lewis Solicitors
Duncan Lewis Solicitors
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Duncan Lewis Solicitors

Duncan Lewis Solicitors

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Earlier this year, the Court of Appeal delivered a significant judgment in Rea v Rea concerning undue influence in will disputes. This case highlights just how difficult it can be to prove undue influence...

United KingdomLitigation, Mediation & Arbitration

Earlier this year, the Court of Appeal delivered a significant judgment in Rea v Rea concerning undue influence in will disputes. This case highlights just how difficult it can be to prove undue influence and offers key insights into protecting your will against claims for undue influence.

Background of the Case

Anna Rea died on 26 July 2016, aged 85, leaving a will dated 7 December 2015 (the 2015 Will). Anna was survived by her four children: a daughter, Rita; and three sons, Remo, Nino and David. Rita lived with Anna and was her principle carer from 2009 until her death.

The 2015 Will

In November 2015, Rita contacted SJS Solicitors to arrange an appointment for her mother to create a new will. The following day, Anna met with the solicitor to give instructions, with Rita present at Anna's request. Importantly, the solicitor's notes indicated that while Rita occasionally interjected, the instructions were taken directly from Anna. Anna was clear in

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