Judge sets aside will on basis of undue influence

A judge ruled this week that a will drawn up by a frail 96 year old should be set aside, as it was drawn up when she was under the undue influence of one of her sons, reports the Telegraph.

The will, which was the subject of the dispute, was drawn up in 2006, two years before Jessica Schrader’s death at the age of 98. In it she left her house to her son Nick, whereas in an earlier will of 1990 Mrs Schrader had bequeathed half of the property to Nick Schrader and the other half share to his brother, Bill.

Nick Schrader had given up his job to look after his mother, following a fall in 2005.

According to the Telegraph, Bill Schrader had challenged the will on the basis that Mrs Schrader had lacked the capacity to draw up a new will, had not known what she was doing and had been improperly influenced.

Following a four day hearing, Mr Justice Mann found that although Mrs Schrader had understood her new will she had signed it while under the undue influence of her son Nick. He therefore reinstated the 1990 will.