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When someone close to you passes away, discovering that their Will doesn’t reflect their true wishes can be devastating. If you believe a loved one was pressured or manipulated into changing their Will, you may have grounds to contest it based on undue influence.
At Maurice Blackburn, we’ve helped thousands of Australians navigate difficult estate disputes with the care, expertise, and determination they deserve. We’ll listen to your story, assess your case honestly, and fight to make sure your loved one’s true intentions are honoured.
No Win, No Fee. Free initial consultation. Australia-wide.
What is undue influence in a Will?
Undue influence occurs when someone uses their position of power, trust, or closeness to a testator (the person making the Will) to pressure or manipulate them into making decisions that don’t reflect their genuine intentions. The resulting Will benefits the influencer, often at the expense of other family members or people the testator intended to provide for.
It’s important to understand that not all persuasion is undue influence. Australian courts draw a clear line between someone legitimately expressing their wishes or needs and someone overcoming another person’s wishes entirely. To constitute undue influence in a Will, the pressure exerted must be so great that those of the influencer effectively replace the testator’s own wishes.
What constitutes undue influence in a Will?
Australian courts look at several factors when assessing whether a Will was made under undue influence, including:
- the testator’s vulnerability, for example, due to age, illness, cognitive decline, or emotional dependency
- the influencer’s opportunity to exert pressure, particularly if they had close or exclusive access to the testator
- whether the influencer was heavily involved in the will-making process or had control over the testator’s affairs
- sudden or unexplained changes to the Will that benefit one person significantly
- isolation of the testator from other family members, friends, or independent advisers
If undue influence is successfully proven, the Will can be declared invalid by the court. The estate would then be distributed according to a prior valid Will, or under the rules of intestacy if no earlier Will exists.
Signs of undue influence in a Will
Recognising the early warning signs can be difficult, particularly if you were kept at a distance during the final months of your loved one’s life. Common indicators include:
- the Will was changed suddenly in the period leading up to death
- the change significantly reduces what other family members receive
- a single person (particularly a carer, new partner, or estranged relative) receives an unexpectedly large share
- the testator appeared fearful, anxious, or unusually reliant on the beneficiary
- the person who benefits was present during meetings with the solicitor, or pressured the testator to use a particular lawyer
- the testator was isolated from family or close friends before the Will was made or changed
- you noticed signs of cognitive decline, illness, or vulnerability that could have affected the testator’s judgment
Our lawyers can help you piece together the picture from the available evidence.
How to prove undue influence when contesting a Will
Proving undue influence in a Will is one of the more complex challenges in estate law. Unlike a lack of testamentary capacity, undue influence leaves no medical record. It must be inferred from the circumstances, relationships, and behaviour of those involved.
The burden of proof rests with the person contesting the Will. This means building a compelling case with evidence from multiple sources, including:
- medical records documenting the testator’s physical or cognitive condition at the time the Will was made
- witness statements from family members, friends, or carers who observed the relationship or the testator’s state of mind
- correspondence, such as emails, letters, or text messages, showing pressure or control being exerted
- financial records that reveal unusual transactions, changes to power of attorney, or dependency
- evidence of the influencer’s involvement in instructing solicitors or facilitating the Will
- prior Wills or draft Wills that reflect the testator’s original intentions
Our lawyers will work with you to identify, gather, and present the right evidence. We understand how to build undue influence cases that hold up in court, and we also know when negotiation or mediation offers a better path to resolution.
Any questions? Check out our FAQs.
Steps to contest a Will on the grounds of undue influence
Time limits apply to Will disputes. In most Australian states, you have a limited window to lodge a challenge. The sooner you contact us, the more options you have. Our Will dispute lawyers offer a free, no obligation initial consultation.
We’ll guide you through the evidence-gathering process, helping you identify what’s relevant and how to obtain it. This may involve requesting documents from solicitors, doctors, or financial institutions.
Not all undue influence disputes go to court. Many are resolved through negotiation or mediation, which can be faster and less stressful. Our lawyers will advise you on the best approach for your circumstances and will always keep you informed of your options.
If a negotiated outcome isn’t possible, we’ll file a formal legal challenge in the appropriate court. Our team will manage the entire process, from preparing court documents to representing you at hearings.
Examples of undue influence in a Will
Every case is different, but some common examples of undue influence in Will disputes include:
- a carer or in-home support worker who becomes the primary beneficiary after a period of exclusive access to an elderly person
- an adult child who isolates a parent from siblings and facilitates a new Will that cuts out other family members
- a new romantic partner who pressures a recently widowed person to rewrite their Will shortly before death
- a family member who controls a person’s finances, living arrangements, and medical care, and engineers a Will that reflects their own interests
These situations can be deeply painful. We approach every case with discretion, empathy, and the commitment to do what’s right.
Why choose Maurice Blackburn for your undue influence case?
Maurice Blackburn is one of Australia’s leading plaintiff law firms, with deep experience in handling Will disputes, including cases involving undue influence.
- No Win, No Fee, meaning you won’t pay anything unless your case is successful
- a free first conversation to talk through what’s happened and your options
- experienced lawyers who know estate law across all Australian states and territories
- clear, straightforward advice, delivered with empathy
- a strong track record of securing positive outcomes for our clients
Frequently asked questions
Undue influence in a will occurs when a person uses pressure, manipulation, or control to override the true wishes of the person making the Will. The resulting Will benefits the influencer rather than reflecting what the testator genuinely wanted. Australian courts assess whether the testator’s free will was effectively overborne by the influence of another.
Common signs include sudden or unexplained changes to a Will close to the time of death, significant benefits flowing to one person. This could be someone with close access like a carer or new partner, or someone who isolated the testator from family and friends, and evidence that the testator was vulnerable due to illness, age, or cognitive decline. You may also notice that the influencer was heavily involved in the Will-making process itself.
Proving undue influence requires building a case from circumstantial evidence, as courts cannot observe past conduct directly. Useful evidence includes medical records showing the testator’s vulnerability, witness statements from people who observed the relationship, prior versions of the Will, correspondence demonstrating control or pressure, and financial records showing unusual activity. Our lawyers will guide you through this process.
There is no fixed threshold, but you need to satisfy the court on the balance of probabilities, meaning it must be more likely than not that undue influence occurred. The more detailed and consistent the evidence, the stronger the case. A combination of witness testimony, medical records, and documentary evidence typically gives the best foundation.
If the court finds that undue influence affected the Will, it can declare the Will invalid. The estate will then be distributed under the terms of any previous valid Will, or if none exists, under the intestacy laws of the relevant state or territory.
Australian courts have considered many undue influence cases over the years, and the law has developed to address increasingly complex family and estate situations. While each case turns on its own facts, past decisions can provide useful insight into what courts look for. Our lawyers can discuss relevant case law with you during your consultation.
Time limits vary by state and territory. In general, you should act as quickly as possible after becoming aware of the issue. In most cases, challenges must be brought within a set period after probate is granted. Contact us as soon as you have concerns as our lawyers can advise you on the specific time limit that applies to your situation.
At Maurice Blackburn, we offer a No Win, No Fee arrangement for eligible Will dispute matters. This means you pay nothing unless your case is successful. We’ll be upfront about how our fees work from the outset so you can make an informed decision.
Yes. Maurice Blackburn operates across Australia and can assist with Will dispute matters in all states and territories. The specific laws and time limits may differ depending on where the deceased lived, and our lawyers can advise you on what applies in your situation.
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