High bar, hard proof: latest ruling underscores the difficulty in overturning wills

Jasmine Harland, Solicitor

A mother’s decision to disinherit two out of three of her children has survived legal challenge, with the courts confirming that her last Will was valid despite claims of undue influence.

Background

Ms Halil, who moved to London in 1952, died in 2021 leaving an estate valued at around £1.1m. A series of previous wills written from October 2013 onwards had split the estate equally between her three children, but family tensions changed everything.

In 2015, she urged her two youngest children to reconcile with their eldest sibling. By 2018, with no progress, she had the final Will prepared, cutting them out entirely, supported by a side letter stating that there had been no attempts by the younger siblings to resolve their issues with the eldest and as such, they had been “deleted” from her Will.

After her death, the youngest sibling challenged the Will, alleging undue influence by the eldest and claiming Ms Halil didn’t understand she was leaving everything to one child. They argued she had “surrendered her judgment” under the pressure of the eldest sibling.

The Court’s decision

It was found that the eldest sibling had no involvement in drafting Ms Halil’s Will and, in fact, there was contemporaneous evidence showing that she had attended her solicitor on her own, who recorded that Ms Halil seemed ‘mentally sharp’ and aware of that she was doing.

Ms Halil was asked at the time of preparing the final Will to explain the reason for cutting out her two youngest children, to which the response received was that they did not visit her or show any interest.

The Court rejected the youngest sibling’s argument that Ms Halil lacked testamentary capacity and found that she was, in fact, of sound mind in 2018 when the contested Will was prepared and executed.

What does this mean for families considering a will challenge?

• Even if the provision made in a Will is unexpected or harsh, the concept of testamentary freedom is a cornerstone of English law, giving individuals the right to decide how their estate is distributed.
• Proving undue influence is extremely difficult. The courts set a very high bar and you must show actual coercion that overpowered the person’s free will, simple persuasion or family pressure is not enough.

Whilst disputes over Will’s are becoming increasingly common, the courts will take a careful and measured approach. The Courts will only invalidate a Will where there is clear, reliable evidence, of undue influence.

This judgment should offer reassurances that properly made Will’s, regardless of whether there are family tensions in the background, will be respected and upheld. However, if you are considering leaving your estate unequally between your children or excluding a child entirely then it is imperative you take legal advice when preparing your Will to ensure your executors are in the strongest position possible should someone try to challenge your wishes.