Red flags are not proof

Spot something that is off

These signs can justify careful evidence gathering and urgent advice. They do not prove that anyone acted unlawfully.

Influence

New beneficiary controls access.
Will-maker is isolated from long-standing contacts.
Beneficiary arranges the solicitor, transport, payment, or witnesses.
Will-maker appears fearful, deferential, or unable to speak freely.
Threats to withdraw care, accommodation, contact, or support.

Capacity

Dementia, delirium, stroke, brain injury, psychosis, or severe depression.
End-of-life medication, heavy pain relief, infection, dehydration, or exhaustion.
Unable to explain family, estate, exclusions, or major changes.
Lucidity changes during the day.

Process

No private meeting with the will-maker.
No capacity notes despite obvious risk.
No record of previous wills.
No reason recorded for a radical change.
Connected witnesses or missing execution details.

Poisoned Stories: Fraudulent Calumny

A plain-English label for false stories that turn the will-maker against someone. The legal issue is whether a false statement was made, whether the person knew it was false or acted recklessly, and whether it caused the will change.

Facility and Circumvention

Scotland-specific language for cases where mental weakness short of incapacity leaves someone easily imposed on. Scots-law advice is needed before relying on this route.