Undue Influence in Wills: What to Do If You Suspect Foul Play
Undue influence occurs when someone manipulates or pressures another person into preparing a will that doesn’t reflect their true wishes. It often involves taking advantage of vulnerable individuals, such as older people or those with declining mental health, to benefit the influencer.
If you’re concerned that a deceased loved one was unduly influenced while making their will, there are steps you can take to challenge it.
Recognise the Signs
It’s essential to recognise common red flags that might indicate undue influence:
- Unexplained changes to the will: If the will drastically changes shortly before the testator’s death, favouring one person over others, this could be a sign of undue influence.
- Isolation: If the deceased was isolated from family or friends in their final years, it might have allowed someone to exert undue pressure.
- Involvement in the will-making process: If a beneficiary was involved in arranging the will, driving the testator to appointments, or helping convey instructions to the lawyer, this could raise concerns.
- Vulnerability: Mental or physical decline can make a person more susceptible to manipulation.
What Can You Do?
If you suspect undue influence, here’s what you can do:
- Challenge the Will in Court: If you have sufficient evidence, you can challenge the will in court. The burden of proof lies with you to show that undue influence occurred, and courts will require evidence that the testator’s free will was overpowered.
- Seek Legal Advice Early: If you suspect that a will is tainted by undue influence, it’s crucial to consult a lawyer who specialises in estate disputes. They can guide you through the legal process of challenging the will.
- File a Caveat: In many jurisdictions, including Queensland, you can file a caveat with the probate registry. This effectively blocks the probate process, which stops the distribution of the deceased’s estate while you investigate further. A caveat is temporary and gives you time to gather evidence.
- Gather Evidence: Undue influence cases are often based on circumstantial evidence. You’ll need to collect information that supports your claim, such as witness statements, medical records showing the deceased’s vulnerability, or documentation of the influencer’s involvement in will preparation. Courts will also consider whether the will reflects the testator’s previous intentions or is a sudden, unexplained change.
What Happens if the Will is Invalidated?
The will can be declared invalid if the court finds that undue influence occurred. When this happens, the estate is usually distributed according to an earlier will if one exists. If no valid earlier will is available, the estate is distributed according to the rules of intestacy.
If you believe undue influence has affected a loved one’s will, it’s essential to act quickly and seek legal advice. The court process can be complex, but with the right steps, you can ensure that your loved one’s true wishes are honoured.
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Frequently Asked Questions (FAQs)
What are the common signs of undue influence in a will?
Warning signs may include sudden or unexplained changes to a will, a beneficiary who becomes heavily involved in the will-making process, isolation of the testator from family or friends, or evidence that the testator was mentally or physically vulnerable at the time the will was created.
What evidence is needed to prove undue influence?
Courts look for circumstantial evidence such as witness statements, medical records regarding capacity or vulnerability, communication records, or proof that a beneficiary played a controlling role in the will-making process. Direct evidence is rare, so patterns of behaviour and inconsistencies are important in demonstrating undue influence.
How long do I have to contest a will for undue influence?
There is no single time limit for raising undue influence, but once probate is granted the matter becomes more complex. It’s best to act quickly and seek legal advice as early as possible to protect your position.
