The case of Rea v Rea (2024) overturned a previous decision of the High Court, and this Court of Appeal decision has far reaching implications for anyone wishing to bring forward a claim of undue influence.

When making a Will in Bristol it is important that the person understands four fundamental principles. The testator (the person making the will):

  • must appreciate what they are agreeing to when making a will
  • must understand what is contained within their estate
  • must be aware of any moral claims to their estate
  • must not be affected by a mental deficiency preventing them from developing the necessary intent

This third principle outlined above was the subject of Rea v Rea. In the case a dispute arose as to whether such a moral claim had been overlooked by a deliberate exclusion.

Any children (which includes illegitimate, adopted and adult children, and children conceived but not yet born at the time of death, but not stepchildren unless they have also been adopted), can make a claim against an estate:

An adult son cannot simply claim that, as a child, he expected to inherit. He would have to show that he was in financial need and that there were special circumstances. These might be that the deceased made promises to him or behaved towards him in a way that implied he felt some additional obligation towards him.

Even then, the smaller the estate relative to the competing claims, the less likely his claim will succeed. And if, for example, the deceased has explained when making a Will or in a separate note the reasons why nothing was left to the applicant, this can be taken into account - although the court is not bound to follow the deceased's wishes.

The case concerned the estate of a mother who in a last Will & testament made in 1986, left her entire estate in equal shares to her four children. However a change of heart in 2015 saw her make a Will where the entirety of the estate was to be left to her sole daughter. This had the effect of disinheriting her three sons, who sought to claim that their mother had been unduly influenced by the daughter to make the changes to her Will.

The undue influence principle concerns whether a third party coerced a testator into making the Will being disputed. Toi be successful, it must be shown by the party bringing the case that the third party coerced the testator sufficiently so that their free will in making the Will was wholly overwhelmed. Furthermore, it would be necessary to show that the testator would not have made a Will as drafted, without undue influence.

The Court in providing reasons for their decision acknowledged that whilst the daughter had a forceful personality and physical presence, they were not satisfied of any direct evidence of coercion exerted by the daughter over her mother.

The implications of Rea v Rea make it more difficult for beneficiaries to demonstrate undue influence in future cases. The court made it clear that the facts must be such that undue influence is more likely than any other explanation.

Rose & Trust of Bristol offer a professional service for making a Will in Bristol and we can guide you through this aspect of law should you wish to exclude a child or other such dependent. Contact us today to find out more. Contact us to find out more.