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In this news article, a woman named Judith Pointon allegedly coerced her elderly mother, Joan Gorringe, into changing her will following the unexpected death of her brother. The changes reduced her niece and nephew’s share of the $1.5 million estate from half to just $50,000 each. Months later, Judith convinced her mother to change the will again, this time favoring Judith’s husband in the event of Joan’s death. Joan revealed to her grandchildren that she had been “bullied” into making the changes.

 

The grandchildren contested the will, claiming undue influence, and the Court of Appeal ruled in their favor, declaring two of Joan’s wills invalid. The court found evidence suggesting Judith had exerted undue influence over her mother.

 

If you are the executor of a will and suspect there has been undue influence, you are still obliged to apply for probate.  If you want to bring a claim of undue influence as an executor, it is best that you renounce as executor because you will not be able to fulfil your duties as executor without a conflict of interest.  To bring a successful claim, you will need to have evidence of the undue influence.

 

Click here to find out more about undue influence: UNDERSTANDING UNDUE INFLUENCE IN WILLS: PROTECTING YOUR LOVED ONE’S LEGACY – Caring Estates