Losing a loved one is never easy, and dealing with legal matters amidst grief can be overwhelming. If you’ve found yourself in a situation where you suspect someone might have coerced or pressured your family member or friend into signing their will, you’re not alone. Let’s talk about undue influence and what it means for the validity of a will.

Undue influence, in the context of wills, refers to a situation where external factors have forced or manipulated a will-maker into making decisions that may not align with their true wishes. Extreme cases might involve physical or emotional control, leaving the will-maker frightened to act otherwise.

The pivotal question in undue influence cases is whether the terms of the will truly represent the will-maker’s free judgment or were rather influenced by external pressure. It’s essential to distinguish between valid and fair influences, such as persuasion, gratitude, or compassion, which a will-maker may consider while shaping their last will.

Should you find yourself unhappy with the terms of a will, believing that your deceased family member or friend was coerced or pressured, there’s a way to protect their legacy. You can lodge a caveat with the High Court, preventing probate from being granted without notifying you. This gives you an opportunity to oppose the grant of probate and present evidence supporting your claim of undue influence.

Imagine a scenario where the will-maker is a lonely and frail elderly person, heavily influenced by a seemingly caring “friend”. This “friend” has isolated them from family members and taken control of their finances, ultimately resulting in a will that leaves everything to the “friend.” In such cases, the executors named in the will should apply for probate in solemn form, formally proving that the will-maker was not unduly influenced.

The burden of proof lies on the person claiming undue influence as direct evidence of coercion is often lacking. The court will meticulously assess the circumstances surrounding the signing of the will. Factors like the will-maker’s health, physical and mental well-being, and dependence on the influencing party will be considered to determine vulnerability to coercion.

The fact that a will favours the person who prepared it can raise suspicions, but it doesn’t automatically render the will invalid. What matters are the circumstances in which the will was made. The person who prepared the will must demonstrate that the will-maker fully understood what they were doing and that the will genuinely expresses their true desires.

At Caring Estates, we understand the emotional toll and complexity of these situations. If you or someone you know is struggling to navigate the challenging process of obtaining Letters of Administration or Probate, know that we are here to help. With fixed fees, flexible hours, and a supportive approach to client care, we aim to alleviate your burden while safeguarding your loved one’s wishes.

Losing a loved one is tough, but you don’t have to face legal complexities alone. Reach out to us today, and let us guide you through this journey with compassion and understanding.