Undue influence occurs when a person is coerced or manipulated into making or altering their will in a way that does not reflect their true intentions. This coercion undermines the testator’s free will, resulting in a will that unfairly benefits the influencer.
Examples of undue influence might include:
A caregiver pressuring an older people individual to leave assets to them.
Family members manipulating a vulnerable relative to exclude other beneficiaries.
Threats or emotional manipulation to sway a person’s testamentary decisions.
In such cases, Australian law provides a mechanism for challenging the validity of the will to ensure equitable outcomes.
The Legal Framework for Contesting a Will in Australia
Australian succession law governs the process of will disputes, varying slightly across states and territories. Commonly, the claimant must prove that:
The testator was subjected to undue influence.
The will does not represent the testator’s genuine intentions.
Understanding the specific laws in your jurisdiction is crucial when contesting a will.
Evidence Required to Prove Undue Influence
Proving undue influence can be challenging, as the burden of proof lies with the person contesting the will. Common types of evidence include:
Medical Records: Showing that the testator was physically or mentally vulnerable.
Witness Testimonies: Accounts from individuals who observed coercive behaviour.
Expert Reports: Opinions from psychologists or other experts on the testator’s state of mind.
Correspondence: Letters, emails, or messages indicating undue pressure.
Building a strong case often requires legal expertise and a meticulous review of the circumstances surrounding the will’s creation.
Steps to Contest a Will on the Grounds of Undue Influence
Consult a Legal ProfessionalSeek advice from a lawyer specialising in Wills & Estate Planning Law. They can evaluate your case and guide you through the process.
Gather EvidenceCompile all relevant documentation, including medical records, communications, and witness statements.
File a ClaimSubmit your claim to the appropriate court within the statutory time limits. These deadlines vary by state but are typically six to twelve months from the grant of probate.
MediationMany will disputes are resolved through mediation, offering a less adversarial and more cost-effective resolution.
Court ProceedingsIf mediation fails, the case proceeds to court, where a judge will evaluate the evidence and make a determination.
Challenges in Proving Undue Influence
Proving undue influence is inherently difficult because it often involves private interactions between the testator and the influencer. Key challenges include:
Lack of Direct Evidence: Undue influence is rarely documented.
Burden of Proof: The claimant must provide compelling evidence to overturn the will.
Emotional Strain: Disputes often involve close family members, leading to strained relationships.
Despite these challenges, a well-prepared case can result in a favourable outcome.
Preventing Undue Influence
Preventing undue influence begins with robust estate planning practices. Consider these steps:
Engage Legal Professionals: Work with experienced estate planning lawyers to draft a clear and legally sound will.
Include Witnesses: Ensure the will is signed in the presence of independent witnesses.
Document Intentions: Record your reasons for significant decisions to provide clarity in case of disputes.
Regular Updates: Review and update your will periodically to reflect your current wishes.
When to Seek Legal Advice
If you suspect undue influence, it is essential to act promptly. Signs that legal advice may be necessary include:
A sudden change in the will’s provisions.
Isolation of the testator by certain individuals.
Exclusion of previously significant beneficiaries.
Consulting a legal professional can clarify your options and help you navigate the complexities of succession law.
Contesting a will on the grounds of undue influence is a complex but necessary process to ensure justice and uphold the genuine intentions of the testator. Understanding the legal framework, gathering strong evidence, and seeking professional guidance are key steps in achieving a fair resolution. If you suspect undue influence or wish to safeguard your estate planning, consult with an experienced Wills & Estate Planning lawyer.
Protect your inheritance and ensure fairness in estate distribution. If you suspect undue influence, consult our experienced legal team for personalised advice.
