Undue Influence and Wills: Why the 2025 Reforms Matter

The Commission proposes to change how the law handles suspected coercion or manipulation in the making of a Will. The current law sets an incredibly high bar for challengers. The proposed reforms aim to strike a better balance between protecting vulnerable testators and respecting testamentary freedom.

Here’s what’s changing, why it matters in practice, and how private client lawyers can adapt to mitigate risk and protect clients.

Undue Influence is nearly impossible to prove at present, if a disappointed beneficiary suspects that a Will was the result of coercion or pressure, they must prove it to the court’s satisfaction. That’s no small task.

The courts require actual evidence of coercion that overbore the Testator’s free will. Suspicion isn’t enough.

The problem: Coercion almost never happens in public, and by the time anyone can challenge the will, the Testator is dead. The result: very few undue influence claims succeed, even when the circumstances raise every red flag. Elderly or vulnerable Testators, especially those dependent on carers or isolated from family, are effectively left unprotected.

The current law is blunt and inflexible. It undermines the integrity of Wills, and forces practitioners and families to look for other ways: lack of capacity, want of knowledge and approval to challenge dubious documents.

The Law Commission wants to make it easier for the courts to intervene where there are reasonable grounds to suspect undue influence.

Under the proposed reform, if a beneficiary was in a position of influence or control over the Testator, and the Will includes provisions that are unexplained or unnatural. The court would then be allowed to infer that undue influence took place, unless the person defending the Will can prove otherwise.

That’s a significant shift. The burden of proof would now fall on the person who benefits under the Will, not on the challenger. It turns a high-stakes evidential cliff-face into a more balanced dispute.

This approach brings Wills law into line with the rules for lifetime transactions, where similar presumptions already exist.

For private client lawyers, these reforms are a prompt to raise the bar in risk management and client safeguarding.

Here’s what will need to change:

Robust Evidence of Independence- you’ll need to show that your client gave instructions freely, without pressure from anyone with a vested interest in the outcome. That means:

• Taking instructions in private wherever possible.

• Documenting discussions about the Testator’s reasons for their decisions.

• Asking direct questions about whether anyone is pressuring them.

• Following the “golden rule” for elderly or ill clients (including medical input).

Contemporaneous notes, letters of wishes, and capacity assessments will become even more valuable if a will is challenged later.

Spotting Red Flags Early- certain scenarios will raise immediate risk:

• A new or dependent caregiver named as sole beneficiary

• A sudden and radical change in testamentary intent

• Close family members being disinherited without explanation

In these cases, you should consider escalating your safeguards. That might mean separate advice, video recording the execution process, or even obtaining a detailed written statement from the testator explaining their decisions.

 Knowledge and Approval Checks- the reforms also clarify that, in “suspicious circumstances,” you must prove the Testator knew and approved the contents of the will. Clear processes will help, such as:

• Read the Will aloud, especially for blind, illiterate, or vulnerable clients.

• Ask them to summarise their understanding in their own words.

• Record your steps in writing.

These measures aren’t just best practice, they’ll be your evidence base if the Will is challenged down the line.

 What This Means for Will Disputes

For contentious probate specialists, the reforms open new doors.

Until now, undue influence has been the weakest ground for challenge. Most lawyers avoid relying on it unless the facts are overwhelming. The new law changes that calculus.

We can expect:

• More challenges- suspicious wills are more likely to be contested.

• More leverage for challengers- the burden of proof lies with the Defendant once the presumption applies.

• More settlements- with a credible threat of success, many claims may settle before trial.

• A greater role for solicitor evidence: your attendance notes and drafting process could make or break a case.

The litigation landscape is likely to become more active, but also more just. Wills tainted by manipulation may finally be set aside more readily, where before they would have stood unchallenged.

Protecting the Vulnerable

This reform isn’t about creating litigation. It’s about deterrence and safeguarding.

By enabling courts to overturn wills procured by influence or control, the law would better protect the elderly, isolated, and infirm- groups at growing risk of coercion, especially in later life.

The Commission’s proposals also dovetail with its other reforms, such as the abolition of automatic will revocation on marriage, a major factor in predatory marriage cases. Together, these changes send a clear message: the law will protect testamentary freedom, but only when that freedom is real.

 What Private Client Teams Should Do Now

Until Parliament enacts the reforms, this remains a proposal. But the direction of travel is clear, and firms would be wise to prepare.

Here’s what we recommend:

• Update internal policies- include specific undue influence checks in will intake forms.

• Train your teams- from paralegals to partners, everyone should understand the new risk factors.

• Audit your precedents- amend engagement letters and advice letters to flag undue influence issues.

• Inform your clients- especially those making significant changes to their wills or naming non-family beneficiaries.

Being proactive now will help you stay ahead of risk, strengthen your files, and give clients the peace of mind that their wishes will be protected.

In conclusion, The Law Commission’s recommendations on undue influence are a long-overdue correction to a system that currently fails the people it is meant to protect.

For private client lawyers, they represent both a challenge and an opportunity. Yes, we’ll need to adapt our processes, but we’ll also be better equipped to defend genuine testamentary wishes and root out the small minority of wills that should never have stood.

The law is moving closer to real-world fairness. As a profession, we should welcome it. 

How Can Forbes Help You

With our deep understanding of the legal complexities surrounding contested wills, we are well-equipped to assist you in navigating will disputes. Our expertise includes addressing concerns about testamentary capacity and undue influence, and ensuring timely, comprehensive responses to legal queries. Whether you are an executor, beneficiary, or legal professional, we can provide strategic guidance to protect your interests and help resolve contentious probate matters efficiently. For more information or to discuss your case, contact our Contentious Probate and Trusts division.