How much evidence do you need to support an undue influence challenge to a will?

The recent High Court decision in Karim v Steele [2025] EWHC 2060 (Ch) gives us helpful guidance on when a will can be successfully challenged on the ground of undue influence, even when there is no direct evidence of that influence. 

The case in brief

The deceased was an elderly woman who suffered from several physical and psychological conditions, including dementia, anxiety and agoraphobia. In later life she became increasingly isolated from others, including the claimant, who had been her long‑term carer.

In 2012, the deceased executed a will under which the claimant was the primary beneficiary and executor.

In 2015, she made a new will further to which the residue of the estate passed to the defendant — an individual the deceased had met while in hospital.

The 2015 will was prepared through a will‑writing business (now in liquidation). Instructions were taken over the telephone, with the defendant present. There was no independent assessment of capacity or independence, and very limited evidence concerning the circumstances of execution.

The claimant challenged the validity of the 2015 will. The defendant did not defend the claim.

The court’s findings

Despite the deceased’s vulnerability, the court found that she did have testamentary capacity when making the 2015 will. Medical and other records showed she was capable of understanding the nature and effect of her will at the relevant time.

The court also held that the deceased knew and approved the contents of the 2015 will. The will was simple, and its terms reflected the instructions she had given.

However, the will was set aside on the grounds of undue influence.

The judge found that the will had been procured through undue influence based largely on circumstantial evidence, including:

• The deceased’s isolation from others.
• Her emotional dependence on the defendant.
• Evidence of manipulation by the defendant.
• The complete absence of safeguards when the will was prepared.
• GP records expressly identifying the deceased as being at risk of undue influence.

In the alternative, the court held that the will was also vulnerable to challenge on the basis of fraudulent calumny. The deceased had been led to believe by the defendant that the claimant was manipulating her for financial gain — a belief the defendant either knew, or must have known, to be untrue.

Key lessons for charities and legacy officers

This decision offers several important reminders for charities reviewing estates where concerns arise:

• A diagnosis of dementia alone is not enough to establish lack of testamentary capacity. Capacity will be assessed on the evidence available at the time the will was made as to the testator's capacity.
• A claim of undue influence does not require direct evidence to succeed. A court can, and will, draw conclusions from circumstantial evidence, particularly where that evidence is not challenged.
• Manipulative behaviour and emotional dependency can support a finding of undue influence, even when a will appears straightforward.
• Where a testator is deliberately misled into believing that another person is acting against their interests, a fraudulent calumny may arise.
• Poor will‑making practices matter. The absence of professional safeguards, independent attendance, or proper records can significantly weaken the defence of a will.

Karim v Steele underscores the importance of looking closely at the surrounding circumstances of a will, not just its wording, and of investigating where vulnerability and sudden changes in testamentary intention raise concern.  It is encouraging that the Court will be willing to conclude that a testator was unduly influenced, based on circumstantial evidence alone (providing it is substantial enough) as the reality is that charities are rarely, if ever, going to have direct evidence of that influence. 

If you like to keep up to date with cases involving the work you do, please do join us at the regular Legacy Matters: Case Updates webinar.  The next one is taking place on 5 March 2026