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There is an interesting aspect of the issue of the validity and revocation of wills referred to that great classic by George Elliot called Middlemarch. Whereas it seemed a very difficult book to wade through, there were some chapters that were captivating. One of these is Chapter 33 titled “Waiting for Death” where an old invalid man, Mr Featherstone, is really on his death bed. What makes it interesting is that once it is apparent that he will not get well, all manner of relatives and attempt to get into his good books or good side and make very regular long visits. The reason is that old Featherstone is a man of means and their expectation is that they will benefit in some way from his estate.

On one early morning a young lady known as Mary Garth who is definitely not a lady of means and who has been nursing him, is asked by Featherstone to do something. After asking which of his relatives have been paying visits the old man says to Mary, “It’s three o’clock in the morning and I’ve got all my facilities as well as I ever had in my life. I know all my property, and where the money’s put out, and everything. And I’ve made everything ready to change my mind and do as I like at the last. Do you hear Missy? I’ve got my faculties.” Then he continues having got her attention. “I’ve made two wills and I’m going to burn one. Now do as I tell you, This is the key of my iron chest, in the closet there. You push well at the side of the brass plate at the top, till it goes like a bolt: then you can put the key in the front lock and turn it. See and do that; take out the topmost paper– Last Will and Testament—big printed.”
Mary refuses to do as she is told and no amount of coaxing or cajoling her by the old man including offers of money which he had on his bed could change her mind. In her refusal even before the enticements of money, she says to him: “I cannot help that sir. I will not let the close of your life soil the beginning of mine. I will not touch your iron chest or your will.” Brave and resolute Mary does not even concede to a young nephew of the old man being called alone and insists others must be present. She even has the sobriety of mind assessing the seriousness of the situation to ask that his lawyer be called in the next day.

This scenario points to the role of undue influence in the making of wills even more than the issue of revocation. Whereas old Featherstone was saying he had all his faculties with him to do as he wished the fact that he was very ill could have led to an inference that he was not really of sound mind. According to an old case, Banks & Goodfellow the test for soundness of mind for the maker of a will is as follows;

He ought to be capable of making his will with an understanding of the nature of business in which is engaged, a recollection of the property he means to dispose of and the persons who are the objects of his bounty and the manner it is to be distributed between them

The role of Mary as Featherstone’s caregiver, if she helped him burn the will he wanted destroyed, could have led to an inference of undue influence on him, which could in turn have led to the challenge of the will by waiting relatives. Undue influence is a very broad matter. Anyone in close relationship or proximity to a testator (maker of will), or who has appears to have a certain hold on him or her can be said to exert undue influence in view of the circumstances of their interaction. Members of a testator’s family are particularly susceptible to accusations of undue influence especially by those who think they benefited more from the estate of the deceased.

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