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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7022
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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How much evidence do I need to prove undue influence by my

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How much evidence do I need to prove undue influence by my brother on my father who changed his will to substantially benefit my brother 7 months before he died of a chronic condition? For at least 10 years prior to the change it was agreed and understood all 4 children would benefit equally.
Customer: replied 1 month ago.
The will was changed because my brother pleaded financial difficulties to my father.
Ref susceptibility, my father was very weak due to his condition and was taking a lot of drugs that may have impacted his mental capacity too
Ref opportunity, my brother stayed with my father immediately prior to his changing the will, and effectively moved in afterwards too
Ref disposition, my brother is in the habit of pleading financial hardship and also knew he could easily influence my patriarchal father towards him as the eldest son
Customer: replied 1 month ago.
I do not believe my brother is in financial difficulties but only that he chose to plead difficulties to influence my father.

The best way would be to get letters/statements from the other members of the family supporting what you say then threaten to apply to court for a variation of the Will unless he agrees one.

If there are any further points please reply I will be happy to respond.

Kindly either accept or rate my answer on the system so I get credit for my time.

Best wishes

Michael

Customer: replied 1 month ago.
Hi Michael,Many thanks for your reply. My sister will make a statement but my other brother is unlikely to because he is intimidated by his older brother.
Can I ask, what are the costs associated with applying to the court for a variation?Also, what chance would we have of
succeeding in our challenge? I understand it is extremely difficult to prove?Many thanksClaire

Dear Claire

I would consider whether there are others , family friends , neighbours etc who might assist with providing a statement. If you can put together a number of statements you will increase your prospects of succeeding. The courts generally try to avoid interfering with a testators wishes but will do so where they believe undue influence has occurred.

An application would be expensive if he contests the claim . It is hard to precise but it would be in the region of £5,000.00 but , if you succeed , the costs can come out of the estate itself.

Michael

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Customer: replied 1 month ago.
Ok thank you for your help.Kind regardsClaire