Could a possible new Wills Act make it easier to challenge a will made under pressure?

Proposed changes to wills law: could it become easier to challenge a will for undue influence?

Claims that a will was made because of undue influence are notoriously difficult to prove. At present, a person challenging a will must show that the person making the Will (know as the testator) was coerced into making it: in other words, that pressure was applied which overpowered their free will rather than simply persuading them.

This is a high evidential burden. Undue influence often happens behind closed doors, and by the time a will is challenged the person who made it is no longer able to explain what happened. As a result, even suspicious circumstances may not be enough to succeed unless there is clear evidence of coercion.

What is changing?

The Law Commission has recommended reforms designed to modernise wills law in England and Wales. Its final report, Modernising Wills Law, was published in May 2025 and is accompanied by a draft Bill for a new Wills Act. If enacted, this would be a major development: the new legislation would replace the Wills Act 1837, the Victorian statute which still forms the backbone of modern wills law.

Undue influence and disputed wills

One of the proposed reforms concerns testamentary undue influence. The Law Commission recommends that the court should be able to infer that a will was made as a result of undue influence where there are reasonable grounds to suspect it. In deciding whether to draw that inference, the court could consider factors such as the conduct of the person alleged to have exerted influence, whether there was a relationship of influence between that person and the testator, and the circumstances in which the will was made.

This would not mean that every unusual will, or every disappointed beneficiary, would automatically have a claim. However, it could make it easier for genuine concerns about pressure, control or vulnerability to be properly considered by the court.

A wider reform of wills law

The proposed new Wills Act would not only address undue influence. The Law Commission’s recommendations also include changes relating to electronic wills, testamentary capacity, the minimum age for making a will, the rule that marriage or civil partnership revokes a will, and the court’s ability to recognise a person’s true intentions even where formal requirements have not been met.

For now, these are proposed reforms. The draft Bill would need to be enacted before the law changes. However, the direction of travel is clear: wills law may be moving towards a more modern framework that better protects testamentary freedom while also recognising the practical difficulty of proving undue influence.

How we can help

Disputes about wills can be emotionally difficult and legally complex.  We have a solicitor/ partner with specialist knowledge and experience in disputed wills who can advise and act for parties where there are concerns about undue influence, capacity, knowledge and approval, or the validity of a will.

If you are concerned about the circumstances in which a will was made, or if you are an executor/beneficiary defending a will that has been challenged, seeking our advice and input early can make a significant difference. Please contact us to discuss how we can help.