PT-2023-BRS-000112 - [2025] EWHC 2633 (Ch)

Thirdly, the probate doctrine of undue influence (distinguished from that which operates in relation to inter vivos transactions) holds that a will is void if it is obtained by means of coercion of the testator’s will, or by so-called “fraudulent calumny” (in effect, poisoning the testator’s mind, so that a different will is made from that which would otherwise have been made). As to the former, in the words of Lewison J (as he then was) in Edwards vEdwards [2007] WTLR 1387,

“47 … (v) Coercion is pressure that overpowers the volition without convincing the testator's judgment. It is to be distinguished from mere persuasion, appeals to ties of affection or pity for future destitution, all of which are legitimate. Pressure which causes a testator to succumb for the sake of a quiet life, if carried to an extent that overbears the testator's free judgment discretion or wishes, is enough to amount to coercion in this sense.”