Background of the Oliver v Oliver Case
The dispute in Oliver v Oliver arose between siblings following the death of their father.
Central to the case was the validity of a will that siblings J and K alleged disproportionately favoured another sibling, R.
The claiming siblings contended that their father lacked the mental capacity to make the will and that R had unduly influenced him, preventing him from making a free and informed decision regarding the distribution of his estate.
What is undue influence
Undue influence occurs when someone is able to persuade another person’s decision making due to a relationship of trust and confidence.
This is especially important in cases where a vulnerable individual, such as an elderly person, might be susceptible to manipulation and is common in disputes relating to wills.
The courts typically evaluate two main factors:
- The existence of a special relationship
- The effect of that relationship on the testator’s decision-making capacity
The person claiming undue influence must prove that the influence was so strong that it overrode the victim’s ability to make independent decisions.
Court’s findings
In the case of Oliver v Oliver, the court had to analyse the nature of the sibling relationship and the context in which the will was drafted.
The Judge ultimately found that the father failed to satisfy the test for testamentary capacity when making the will. They determined that the father was heavily influenced by R, seeing everything through R’s point of view and was blinded by his reliance on R to the claims that the other children had done him wrong.
The Judge also stated that even if the father had the capacity, they believed that R’s influence was so strong that the father was so under his thumb and in fear of R that he had to go along with his son’s wishes. He was also dependent upon him that he couldn’t go and make a will elsewhere by himself.
Takeaways from the Oliver v Oliver case
It is a rare occurrence in UK law that claims for undue influence are successful as it is often difficult to prove that a testator has been unduly influenced as this type of behaviour often occurs behind closed doors.
In this case, the will was prepared by an experienced solicitor who considered the relationship with R whilst taking instructions. They also obtained a medical report on the question of the testators capacity before the will was signed.
Despite this, the Judge still found that the father had been unduly influenced by R.
The law on this area remains complex and each case must be assessed on its unique factual matrix.
This case also highlights that the responsibility lies with the person alleging undue influence to prove that the influence was so strong it overrode the victim’s free will and the courts must give careful consideration to each case.
What to do if you suspect undue influence in relation to a will
It is advisable to seek legal advice before making any decisions on actions to take should you suspect undue influence. Our dispute resolution team can advise on next steps.
If you wish to discuss anything mentioned in this particular case review or would like advice on the validity of a will or a dispute relating to an estate, please get in touch with Kathryn Clare or a member of our dispute resolution team.
Background of the Oliver v Oliver Case
The dispute in Oliver v Oliver arose between siblings following the death of their father.
Central to the case was the validity of a will that siblings J and K alleged disproportionately favoured another sibling, R.
The claiming siblings contended that their father lacked the mental capacity to make the will and that R had unduly influenced him, preventing him from making a free and informed decision regarding the distribution of his estate.
What is undue influence
Undue influence occurs when someone is able to persuade another person’s decision making due to a relationship of trust and confidence.
This is especially important in cases where a vulnerable individual, such as an elderly person, might be susceptible to manipulation and is common in disputes relating to wills.
The courts typically evaluate two main factors:
- The existence of a special relationship
- The effect of that relationship on the testator’s decision-making capacity
The person claiming undue influence must prove that the influence was so strong that it overrode the victim’s ability to make independent decisions.
Court’s findings
In the case of Oliver v Oliver, the court had to analyse the nature of the sibling relationship and the context in which the will was drafted.
The Judge ultimately found that the father failed to satisfy the test for testamentary capacity when making the will. They determined that the father was heavily influenced by R, seeing everything through R’s point of view and was blinded by his reliance on R to the claims that the other children had done him wrong.
The Judge also stated that even if the father had the capacity, they believed that R’s influence was so strong that the father was so under his thumb and in fear of R that he had to go along with his son’s wishes. He was also dependent upon him that he couldn’t go and make a will elsewhere by himself.
Takeaways from the Oliver v Oliver case
It is a rare occurrence in UK law that claims for undue influence are successful as it is often difficult to prove that a testator has been unduly influenced as this type of behaviour often occurs behind closed doors.
In this case, the will was prepared by an experienced solicitor who considered the relationship with R whilst taking instructions. They also obtained a medical report on the question of the testators capacity before the will was signed.
Despite this, the Judge still found that the father had been unduly influenced by R.
The law on this area remains complex and each case must be assessed on its unique factual matrix.
This case also highlights that the responsibility lies with the person alleging undue influence to prove that the influence was so strong it overrode the victim’s free will and the courts must give careful consideration to each case.
What to do if you suspect undue influence in relation to a will
It is advisable to seek legal advice before making any decisions on actions to take should you suspect undue influence. Our dispute resolution team can advise on next steps.
If you wish to discuss anything mentioned in this particular case review or would like advice on the validity of a will or a dispute relating to an estate, please get in touch with Kathryn Clare or a member of our dispute resolution team.