Allegations of undue influence are a common cause of will disputes in Sydney and NSW. When someone claims that a deceased person was coerced or manipulated into creating or altering their will in a way that does not reflect their true intentions, it can lead to contentious and emotionally charged legal battles.
Defending against such allegations requires the help of Szabo & Associates Solicitors’ contesting a will solicitors, who understand the legal framework surrounding undue influence and strategies for gathering evidence to prove that the will is valid and genuinely reflects the deceased’s wishes.
What is Undue Influence in Will Disputes?
In the context of wills, undue influence refers to a situation where a testator is pressured into writing or changing their will in a way that benefits the influencer and deviates from their true wishes. Under the Succession Act 2006, the Court can revoke probate approval if there is evidence of fraud or undue influence.
Common Situations That Lead to Allegations of Undue Influence
Undue influence claims often arise in specific family or caregiving situations. Some of the most common scenarios include:
- Caregiver relationships: When a caregiver has a close relationship with the testator, especially if the testator is elderly, dependent, or ill, it can lead to suspicions of undue influence if the caregiver is a significant beneficiary in the will.
- Significant changes to a will: If a will is altered significantly in favor of one person, especially toward the end of the testator’s life, other beneficiaries may question the legitimacy of those changes.
- Isolation of the testator: If the testator was isolated from family and friends by the person accused of undue influence, this could further fuel suspicions that the will does not reflect the testator’s true wishes.
Defending Against Allegations of Undue Influence
Successfully defending against allegations of undue influence requires a strategic approach to show that the testator acted of their own free will. Strategies to consider include:
- Establish testamentary capacity: One of the strongest defences against undue influence claims is demonstrating that the testator had full testamentary capacity when they made or altered their will. Testamentary capacity means that the testator understood the nature and effect of the will, was aware of the extent of their estate, and could evaluate the claims of beneficiaries.
- Gather witness statements: Statements from individuals who were present during the drafting or execution of the will can provide critical evidence that the testator was not pressured or coerced.
- Show a history of the testator’s wishes: If the terms of the contested will align with the testator’s longstanding wishes, this can serve as strong evidence that the will reflects their true intentions.
- Highlight the beneficiary’s relationship with the testator: In cases where the accused influencer had a longstanding and positive relationship with the testator, it may be possible to demonstrate that the inheritance was a natural outcome of that relationship rather than the result of coercion.
- Challenge the claimant’s motive: Sometimes, beneficiaries who are disappointed with their inheritance or feel entitled to more than what the will provided make undue influence claims. A defence strategy can involve questioning the claimant’s credibility and showing that the allegation is based on dissatisfaction rather than legitimate concerns about coercion.
We Can Help You Defend Against Undue Influence
If you are involved in a will dispute and need assistance defending against claims of undue influence, seeking advice from experienced contesting a will lawyers is essential. Szabo & Associates’ team of skilled estate planning lawyers in Sydney can guide you through the process, providing you with the knowledge and support needed to resolve the dispute effectively. Contact us today to discuss your case and learn more about how we can help.