Wingrove v Wingrove
To establish undue influence over a will, it must be shown that the testator was coerced into making a will that he did not wish to make, and the influence of affection or kinship is not enough.
Facts
A testator's will was challenged by relatives on the ground of undue influence, on the basis that the beneficiary had exercised pressure over the testator, who was elderly and in poor health.
Legal principle
Sir James Hannen P directed the jury that, to be undue influence in the eye of the law, there must be coercion. It must not be a case in which a person has been induced by means such as he has mentioned to come to a conclusion that he will make a will in a particular person's favour, because if the testator has only been persuaded or induced by considerations which you may condemn, really and truly to intend to give his property to another, though you may disapprove of the act, yet it is strictly legitimate in the sense of its being legal. It is only when the will of the person who becomes a testator is coerced into doing that which he or she does not desire to do, that it is undue influence. The influence of a strong person over a weak testator may make it easier to show coercion.
Related cases on formalities, execution, undue influence and rectification
- Barrett v Bem [2012] EWCA Civ 52, [2012] Ch 573
- Re Bravda [1968] 1 WLR 479
- Re Colling [1972] 1 WLR 1440
- Hall v Hall (1868) LR 1 P & D 481
- Marley v Rawlings [2014] UKSC 2, [2015] AC 129
- Wood v Smith [1993] Ch 90
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
