Undue Influence in Will Disputes NSW
Defending Your Loved One’s Legacy From Pressure and Coercion
Undue Influence – Challenging a Will When Something’s Not Right
If you believe, or know, that a loved one’s Last Will and Testament was made under duress or doesn’t reflect their genuine intentions … the very thought is heartbreaking.
Undue Influence in a Will dispute occurs when a person’s alleged post-life wishes weren’t written under free will, but instead, under pressure, coercion, or manipulation. This serious action is grounds for challenging the Will, and if found to be true, then having the document declared to be an invalid Will.
At Falzon Legal, we help families and actual deserving beneficiaries in discovering the truth, defending the estate from unscrupulous behaviour, and ensuring justice for those who no longer have a voice. With compassion and understanding, we take you considerately through the entire process.
What Is Undue Influence in a Will?
It’s important to be clear … Undue Influence isn’t persuasion.
If you gently suggest to your mother or father that you’d quite like to inherit the house after their passing, that’s not wrong. Often known as natural influence, it’s an accepted part of life, occurring without maliciousness or overwhelming greed.
However, if someone pressures a parent … such as withholding care or hassling them while they are frail … that can cross into manipulation or coercion, which is Undue Influence of the Will. It can make the vulnerable person feel they have no choice but to do what the exploiter wants, overriding their genuine wishes.
If this can be challenged and proven, the Will is stated to be an invalid Will … as it doesn’t reflect the true intentions of the deceased, meaning it will be disregarded. The estate may then be distributed according to the wishes in a previous, authentic Will … or if one doesn’t exist, under the rules of intestacy.
Signs and Examples of Undue Influence in a Will
Coercion, manipulation, and pressure can take many forms … usually exploiting the personal circumstances and issues facing the Will-writer (Testator). While far from an exhaustive list, the most common types and signs of Undue Influence can include:
- Being pressured by a family member or carer – a relative or person responsible for looking after the Testator makes threats, such as to remove care or companionship.
- Isolation from other relatives – the Will-maker is kept apart from loved ones, making them solely reliant on the coercer.
- Being threatened or emotionally manipulated – the Testator is made to feel guilty, afraid, or ashamed unless they do what the coercer wants.
- Contesting a Will due to dementia – where mental decline makes the Will-writer vulnerable and susceptible to manipulation.
- Last-minute Will changes – the Will is surprisingly altered quickly or drastically.
- Strange decisions – Will amendments or intentions that seemingly go against the Testator’s typical beliefs or wishes.
- Manipulator getting involved in legal matters – such as going with the Will-writer to meet their solicitor.
- New person on the scene – a stranger or estranged family member suddenly appears and becomes involved in the Will-maker’s legal, personal, or financial matters.
- Testator secrecy – while previously open about the Will’s contents, the Testator doesn’t wish to discuss it any longer, or becomes nervous or upset when you try talking about it.
- Surprising new Will beneficiaries – someone unexpected is named as a beneficiary completely out of the blue.
If you notice or suspect any of the above signs of typical Undue Influence cases, it’s time to seek professional advice. Falzon Legal is ready to compassionately listen, examine evidence, and guide you with care and understanding.
Trust Your Instincts!
Challenging a Will Based on Undue Influence
If you’re thinking about disputing a Will due to pressure, manipulation, or coercion … this is classed in law as a Will challenge. This is different to contesting a Will, which is where you don’t think there’s Undue Influence, but instead, feel that you haven’t received sufficient provision. i.e. your inheritance was too small or non-existent.
Why Will Challenges Exist
Who Can Challenge a Will
Outcomes From a Will Challenge
Suspect Undue Influence? Protect Your Loved One’s Legacy and Make a Challenge!
How To Prove Undue Influence
Proving Undue Influence in a Will requires a high evidentiary standard, and hard proof is required … which isn’t always easy. Due to the nature of Undue Influence, it nearly always happens in private, away from the eyes of others. And, one of the key witnesses, the Will-maker, has unfortunately passed on.
Evidentiary Standard
Proving Undue Influence in NSW requires meeting one of two standards, although only one applies to Wills:
Actual Undue Influence
In order to have a Will set aside due to Undue Influence, you must establish that actual coercion or pressure happened. That is, the person mounting the Will challenge gives evidence that shows … on the balance of probabilities … the Will-writer experienced manipulation that overrode their free will.
A powerful precedent is the British (although used in Australia) case of Wingrove v Wingrove (1885). The judge directed the jury, saying that pressure can take many forms … even gentle coercion of an elderly and frail person can be enough for them to give in to manipulation, it doesn’t have to be serious abuse or threats.
Effective evidence for actual Undue Influence could include:
- Witness testimonies – such as from Wills and Estate lawyers, carers, medical practitioners, or family members who saw the pressure exerted.
- Medical records – demonstrating the Will-writer’s frailty, illness, or vulnerability.
- Recorded patterns of control – sudden changes to the Will, or secrecy.
- Disproportionate benefit to the influencer – evidence that the person applying the pressure enjoyed an unusually large or unexpected share.
Presumed Undue Influence
This occurs when a special relationship existed between the Testator and the alleged coercer … and due to the nature of this relationship, there’s a presumption that influence has occurred. For example, a patient and doctor or a client and solicitor.
However, while it’s a possible route to prove Undue Influence … it doesn’t apply to Wills in NSW. Instead, it’s utilised to show Undue Influence in contract law and for gifts and transfers of property made during a person’s lifetime.
Where the Burden of Proof Lies in an Undue Influence Will Contest
In other areas, such as Contract Law, where presumed Undue Influence is alleged, it’s up to the recipient of the benefits to prove there was no pressure or coercion.
How Falzon Legal Can Help With Undue Influence Cases
From a personal perspective, Undue Influence cases are emotional, upsetting, and worrying. While no one wants to question a recently departed’s final wishes … or cast suspicions on a friend or carer … sometimes it’s the only way to ensure justice and dignity for the deceased.
And from a legal angle, Undue Influences aren’t straightforward. They require a high evidentiary threshold, typically lack crucial witnesses, and demand intricate knowledge of Wills and Estates and Probate law, and case precedents.
With Will Dispute Lawyers Falzon Legal, you receive genuine compassion and unmatched legal expertise to bring resolution, reassurance, and fairness.
If You Need Assistance, We Help You Through:
- Viability assessment – we look deeply into your suspicions, and examine the potential case to see if providing Undue Influence is possible. This provides transparency for you from day one.
- Gathering evidence and expert testimony – coordinating the collection of crucial evidence, which may feature affidavits, testimonies, financial records, and medical records, to build a powerful case.
- Advocate strongly in mediation – seeking peaceful resolutions through negotiation and mediation, and if unsuccessful, working for the best outcomes in court.
- Strategic advice to improve chances of success – backed by years of experience, guiding you professionally to achieve the justice you seek, showing you how to win an Undue Influence case.
- Defending the estate – working to protect the deceased’s assets, and where necessary, lodging Probate caveats to prevent distribution until the matter is resolved.
- Compassionate, supportive guidance – we understand how painful and personal these situations are. We support you emotionally as well as legally, with sensitivity and discretion throughout
FAQs About Undue Influence in Wills
What Is Undue Influence in a Will?
This is when the free will and genuine wishes of the Will-writer are overridden by a third party … through pressure, coercion, or manipulation. This means that the Will shows the manipulator’s objectives, not those of the Will-maker.
What Is the Difference Between Coercion and Undue Influence?
Coercion is a type of Undue Influence, which typically involves threats or force. But, Undue Influence can also cover more subtle means, such as emotional manipulation.
How Do You Prove Undue Influence in a Will?
You need powerful evidence to show that the Will-maker’s wishes were overpowered by a manipulator or influencer. This can include medical and financial records, witness testimonies, and proof that the alleged influencer gained benefits.
Can Dementia Lead to a Successful Undue Influence Claim?
If the Will-maker had dementia, that on its own isn’t enough to prove Undue Influence. But, it can be a condition that places the Testator in a position of increased vulnerability. If there is also evidence of external pressure being applied, it could strengthen the claim.
What Happens if a Will Is Found To Be Invalid?
If a Will is found to be invalid by the court … due to Undue Influence or another reason … the estate is then usually distributed in accordance with the most recent, previous Will. If there is no Will, the assets will be allocated under the rules of intestacy.
Have More Questions About Undue Influence?
Speak With a Will Disputes Lawyer About Undue Influence
Undue Influence cases are upsetting and legally complex … but with the expertise and compassion of Falzon Legal, you receive the insight and advice to find justice and a peaceful conclusion.