Rea v Rea (2024)
🔍 Behind the Will: Rea v Rea [2024] EWCA Civ 169 – Family Pressure and Testamentary Freedom
This week’s Behind the Will looks at the Court of Appeal decision in Rea v Rea [2024] EWCA Civ 169 — a powerful reminder that unfairness does not always mean undue influence. The case explores the tension between testamentary freedom and family expectations when a parent leaves their estate unequally among their children.
⚖️ Case of the Week: Rea v Rea [2024] EWCA Civ 169 – Influence or Independence?
Mrs Rea, a widow in her eighties, made a will leaving her entire estate to one of her four children, Rita, who had provided her with care and support in later life. Her other three children contested the will after her death, arguing that it was the product of undue influence and that their mother had been coerced into excluding them.
At first instance, the High Court agreed with the challengers — finding that the will had been procured through undue influence. But on appeal, the Court of Appeal reversed that decision. It held that while the will was certainly unfair, there was no evidence of coercion or domination.
The judgment reinforced a key distinction: influence alone is not enough. To invalidate a will, the influence must overpower the testator’s free will and destroy their independent decision-making.
🔑 Key Takeaways:
1. Unfair ≠ Undue Influence:
A will may appear unjust, but unless the testator’s free will was truly overborne, it remains valid.
2. The Burden of Proof Is High:
Undue influence must be proved by clear and convincing evidence — suspicion or emotional pressure is insufficient.
3. Testamentary Freedom Endures:
English law protects a person’s right to dispose of their estate as they see fit, even if their choices upset family expectations.
4. The Importance of Clear Advice:
For practitioners, careful record-keeping and ensuring independent instructions are key when one beneficiary is heavily involved.
💬 Practical Tip for Practitioners:
When one child is assisting an elderly parent with will-making, consider arranging a private meeting and written confirmation that the testator understands the effect of their choices. Transparency today can prevent disputes tomorrow.
Stay tuned for next week’s Behind the Will post, where we’ll explore another influential case shaping modern inheritance law.
