What are the consequences if a will is written under force, fear, or undue influence?

If a will is written under force, fear, or undue influence in England and Wales, it is considered to be invalid and unenforceable. This is because the law presumes that a person who makes a will under these circumstances was not acting of their own free will and that the will does not reflect their true wishes.

Here are some examples of what could be considered as force, fear, or undue influence:

• Threatening to harm someone or their loved ones if a particular person or group of people is not included in their will.

• Making someone feel guilty or obliged to include a particular person or group of people in their will

• Taking advantage of someone's vulnerability to make them include a particular person or group of people in their will

If a will is challenged on the grounds of force, fear, or undue influence, the court will consider all of the evidence to determine whether the will is valid. The court will look at the circumstances surrounding the making of the will, including the relationship between the testator (the person who made the will) and the beneficiaries, the nature of the threats or pressure that was exerted, and seek to determine the testator's mental state at the time the will was made.

If the court finds that the will is invalid, the estate of the deceased will either be distributed based on the most recently written will that is considered valid (if available), or according to the laws of intestacy. Under the laws of intestacy, the estate will be distributed to the deceased's closest relatives, rather than per the wishes expressed in their will.

In addition, any person who is found to have exerted force, fear, or undue influence may be liable for costs and damages incurred by the beneficiaries of the estate

Here are some additional tips for avoiding a will that is invalid:

• Ensure that you are of sound mind and not under any pressure when you make your will.

• Have your will reviewed by a solicitor or qualified will writer.

• Ask two witnesses who are not beneficiaries or close relatives of beneficiaries to witness your signature on the will.

• Keep your original will in a safe and secure location away from your home where it cannot be tampered with, such as the National Will Archive.

If you are concerned that a will may have been written under force, fear, or undue influence by either yourself or a loved one, you should speak to a solicitor. They can help you to understand your rights and options and to challenge the will if necessary.