Jurisdiction(s):
United Kingdom

Key definition

Probate definition

What does Probate mean? Probate is the court process for proving a will and giving legal authority to deal with a deceased person’s estate. In practice it confirms who may collect assets, pay debts and distribute to beneficiaries. The term is descriptive rather than a single defined statutory concept; procedures are set by legislation and probate rules in each jurisdiction. England and Wales: the executor applies for a grant of probate; on intestacy or where no executor can act, an administrator seeks letters of administration. Both are grants of representation issued by the Probate Registry (HMCTS) under the Senior Courts Act 1981 and the Non‑Contentious...

Practical Guide to Undue Influence in Contested Wills—coercion, burden and standard of proof, fraudulent calumny, pleading and practice (England and Wales)

Published by a LexisNexis Private Client expert

Practice notes

This practice note considers the doctrine of Undue influence in challenges to the validity of a Will. It will address:

what undue influence is
how undue influence in Wills differs from lifetime transactions
the burden of Proof
the Standard of proof
the relationship between undue influence and fraudulent calumny
the relationship between undue influence and other bases for contesting the validity of a Will
how to plead undue influence
practical guidance for running undue influence claims

What is undue influence?

A Will is only valid if it satisfies the relevant execution formalities and is substantively valid. A Will procured through undue influence lacks substantive validity because the disposition does not represent the testator’s true intentions. Rather, the testator’s disposition has been secured by coercion or fraud. The distinction between undue influence arising from coercion and from fraud is addressed further below, but the principal focus of this Practice Note is coercion.

What is coercion?

Lewison J in Edwards v Edwards characterised coercion as pressure that overcomes the testator’s volition without persuading the testator’s judgement. It is...

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Web page updated on 27/05/2026

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