Undue Influenced Will

Kerenza

I believe a new will that was written only months before someone died was written under undue influence. The reason we believe this is that the will is totally different from previous wills, previous beneficiaries have been dropped and others have have had their gift drastically reduced. But someone has been added who wasn't in any previous wills and someone else will receive the majority of the estate when in previous wills he was only to receive his share. These 2 people lived round the corner of the deceased and visited frequently where as other beneficiaries who lived further away were unable to visit during lockdown. They have even been added as Executors of the will. The deceaseds Grandchildren have been totally disinherited. And I know the deceased was very protective of them and loved them dearly. The will is so out of character. The will was written by a proffesional will writer who has written previous wills for the deceased. He has sent me an electronic will but this doesn't have dates or witnesses names on it. I am also an executor and believed I was the only one until I was told otherwise by one of the newly added Executors after the funeral which I arranged on my own. My own gift in the will has been reduced from £8000+ to sharing  £2000 or less with 2 others. I'm not sure what I'm asking. Advice? 

74jax

Kerenza said:

I believe a new will that was written only months before someone died was written under undue influence. The reason we believe this is that the will is totally different from previous wills, previous beneficiaries have been dropped and others have have had their gift drastically reduced. But someone has been added who wasn't in any previous wills and someone else will receive the majority of the estate when in previous wills he was only to receive his share. These 2 people lived round the corner of the deceased and visited frequently where as other beneficiaries who lived further away were unable to visit during lockdown. They have even been added as Executors of the will. The deceaseds Grandchildren have been totally disinherited. And I know the deceased was very protective of them and loved them dearly. The will is so out of character. The will was written by a proffesional will writer who has written previous wills for the deceased. He has sent me an electronic will but this doesn't have dates or witnesses names on it. I am also an executor and believed I was the only one until I was told otherwise by one of the newly added Executors after the funeral which I arranged on my own. My own gift in the will has been reduced from £8000+ to sharing  £2000 or less with 2 others. I'm not sure what I'm asking. Advice? 

Are all executors carrying out their duties together? Has any relinquished their role?  If not have you spoken to them yet? 
I would speak to the will writer to see if they can shed facts around the rewriting. 
It could be these 2 new executors and beneficiaries were included as they helped the deseased day to day (a bit like adding a career to a will).
Did you recieved the will before the funeral? I'm just a bit mixed up over you being told by the other executors they are also executors, but you having a copy of the will. 

Keep_pedalling

If you want to challenge the will you are going to have to renounce your roll as executor. Be warned this could be very expensive for you if you loose.

Are the major beneficiaries of the change close relatives? Did the deceased have impaired mental capacity at the time of making the new will?

6000_a_year_is_plenty

I'm sorry for your loss. I know it's an emotional time, but proceed calmly and logically. I'm not a lawyer, but I do know they are expensive. Bear in mind it might cost more to contest the will than you will benefit from the will. So you might have to let it go.

However, I do have a few ideas by which you can leverage your position to gain more information, which might be helpful to your cause. Again I'd point out I'm not a lawyer, but I would think it reasonable for you to carry out your role as an executor of the will, you should politely point out that you have not yet received a copy of the signed, dated, and witnessed will. Ask for such a copy. You might at a future date want to examine the original document, but there is no need to mention this yet. A proper copy of the will gives you more information, particularly the date it was signed, and who the witnesses were. As an executor of the will it is obviously your duty to check the signing date, and given the state of lockdown at the time, ensure that it was properly witness by the physically present witnesses, or properly via video (as allowed during the pandemic, see www.gov.uk video-witnessed-wills-to-be-made-legal-during-coronavirus-pandemic, (I'm new here, and am not allowed to post the link)) with your obvious legal and moral duty as executor to ensure strict adherence to the safeguard of requiring two witnesses, protecting the testator against undue influence and fraud. If lockdown rules or guidance were broken by witnesses being physical present at the signing of the will then that might or might not be relevant to support a theory of coercion or undue haste or influence. Obviously you might be reluctant to point out any breach of lockdown rules (if any did occur) to the authorities because there might be unseemly investigations, and (heaven forbid) fines imposed on those involved.  But you might at some point in the future see it as you civic duty to report if any illegality did occur.

I'm not a lawyer, but I would expect the executors of the will to be nominated within the text of the will. So you can also ensure that everyone claiming to be an executor is one.

Savvy_Sue

Also, if the witnesses are also beneficiaries, then their bequest fails ... 

Kerenza

Thank you for your replies.