A Successful Challenge To A Will On The Basis Of Undue Influence – Langley V Qin (2024)

There are various methods of challenging the validity of a Will, one of which is to show that undue influence had been exerted on the deceased.

The leading case of Killick v Pountney (1999) sets down the 5 part evidential test requirements:

i) The coercer was in a position to exercise influence
ii) The coercer did exercise influence over the deceased
iii) The influence so exercised was ‘undue’
iv) The undue influence was exercised in relation to the Will
v) It was by means of the exercise of that undue influence that the will came to be executed

There must have been ‘coercion’ rather than just ‘persuasion’.

Undue influence is by far the hardest way of setting aside a will and that is reflected by the fact that there has only ever been a handful of successful cases determined in the court.

However, in 2024 we have not only had the case of Rea v Rea overturned on appeal in favour of a finding of undue influence, but now in the case of Langley v Qin too

The Facts

This case concerned the estate of Mr Robert Harrington who died on 26 May 2020 (aged 94). The deceased was survived by his daughter, who brought the claim, and his second wife, the First Defendant. The deceased married his second wife on 25 June 2019 when she was 54.

There was a will dated 24 March 2020 drafted by Fraser Dawbarns (solicitors) and left the entire estate to Ms Qin, and in the alternative her adult son from a previous marriage, the Second Defendant.

The estate was roughly worth about £500,000.

Claims were bought to set aside the will on grounds of

• Capacity
• Want of knowledge and approval
• Undue influence

It was also alleged by Ms Langley that the marriage was a predatory marriage.

The Proceedings

A claim was issued on 29 March 2022.

The trial took place between 12 and 15 February 2024. Judgment was delivered on 12 April 2024.

Expert and witness evidence (6) was produced for the hearing, as well as medical records and the will file.

The expert report noted:
“In my opinion, there are a number of red flags which suggest that the deceased may have been vulnerable to undue influence… I offer no opinion on the fact of whether undue influence took place, only that in my opinion he was vulnerable to it.”

The Decision

The judge found on all three grounds for Ms Langley

“It is clear that I generally accepted the evidence of the Claimant, albeit I consider that she minimised some of the difficulties in her relationship with the Deceased. In broad terms, I have found the First Defendant unable to satisfactorily explain the transfers of money to her over time and her description of the development of her relationship with the Deceased so speedily raises concerns

There was clearly an element of control by the First Defendant of the Deceased and his finances that increased over time”

However, the marriage was not set aside, so that an earlier will was nullified by the marriage to Ms Qin which meant that with the will of 2020 being set aside, Mr Bryant was now deemed to have died intestate.

Under the rules of intestate, Ms Qin was still entitled to a fixed net sum of £270,000 and half of the remaining estate.

Final Words

Whilst difficult it is clear that the court is not shy to make findings of undue influence if the right evidence is available

However, these are not cases to be embarked on lightly – you will need medical, expert and a wealth of witness evidence to support your case.

If the estate is not substantial you need to think carefully about whether costs will be proportionate to the amount at stake and whether you are able to and should try to settle the case early on.

This area of law is challenging and appropriate legal advice should be sought at the earliest opportunity so you are fully appraised of options and risks.

Our dispute resolution solicitors have extensive experience in contested wills and probate disputes, including claims involving undue influence. Our expert team provides clear, strategic advice to help you navigate these complex cases. If you need legal guidance, contact our specialists on 0330 822 3451 or request a callback.