Published on: 27th May 2024

Safeguarding Wishes: Be Aware of Coercion in Will Writing

A Will is a vital document that expresses your final wishes regarding the distribution of your assets. However, undue pressure or coercion can cloud a Will's validity, leaving a trail of hurt feelings and legal disputes. This article explores what coercion is in the context of Wills and how to be aware of it.

What is Coercion in Will Writing?

Coercion, also known as undue influence, occurs when someone pressures or manipulates another person into making a Will that doesn't reflect their true desires. This pressure can be physical, emotional, or financial. While someone can attempt to influence your Will, it becomes undue influence if it breaks your will and forces you to go against your wishes.

Signs of Coercion

Here are some signs that coercion might be at play:

• A sudden change in the Will: If a new Will significantly benefits someone who recently gained the testator's (the person writing the Will) trust or has been isolating them from loved ones, raise an eyebrow.
  
  
• Isolation of the testator: Does someone control the testator's access to information or loved ones? This could be a red flag.
  
  
• Vulnerability of the testator: The elderly, infirm, or those with cognitive decline are more susceptible to coercion.
  
  
• Threats or intimidation: If someone is making threats to harm the testator or their loved ones unless they inherit, it's coercion.

Protecting Yourself and Your Loved Ones

• Open communication: Discuss your wishes with loved ones openly and well in advance.
  
  
• Seek legal advice: A Casey & Associates Consultant can guide you through the Will-writing process and ensure your wishes are documented correctly.
  
  
• Choose independent witnesses: Witnesses to your Will signing should be impartial.
  
  
• Keep original Will safe: Storing your Will at home is risky. It can get lost. Why not use the Casey & Associates Will storage service?

Remember: A Will is a powerful tool. By being aware of coercion and taking steps to protect yourself, you can ensure your wishes are respected and your legacy is safeguarded.

If you would like to speak with one of our Consultants to discuss any of the issues raised in this article or any other Estate Planning topic please telephone 01732 868190 or click here.

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To arrange an appointment please telephone 01732 868190 or click here.

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