Undue Influence

Probate Questions:

We are a business, so we can’t answer all probate questions free of charge, so please search the site for an answer before emailing your probate question to us.  If it is a simple question of general interest, we’ll try to answer it free, then anonymise it and post the answer up in unrecognisable format (as the one below). If it is more complex or you need an urgent answer the fee will be £30 for up to 15 minutes and £2 per minute thereafter.

Probate Question: Undue Influence

My Dads “girl friend” has taken over looking after my Dad and she has taken him down to a solicitor and got me taken out of the Will.   I can’t look after my Dad as I live over 100 miles away and have young children, but she’s twisted it to make it seem that I don’t care.  She makes it impossible for me to see my Dad. It has to be undue influence as I think you call it.

A friend has suggested that I use a “caveat” to prevent her getting away with it.  Can I do this now?

Probate Answer.

A caveat is indeed the right tool in these circumstances, but you cannot register one with the local (to your Dad) Probate Registry until he has actually died.

You will need to put together a strong case to demonstrate undue influence, so spend some time writing down what has happened, with dates and times where possible, certainly from now on.   Continue your efforts to see your Dad.

Once he has died, ask to see a copy of the Will.  If you are refused a copy, that should raise concerns and at this stage you could consider entering a caveat.  You don’t have a RIGHT to see the Will until it has been probated, but by this time it is a little late!

Let’s hope that your fears are groundless and that the Will will in fact be fair and reasonable.

For more information on Caveats and undue influence click the link.