When trying to prove that a Will was made under conditions of undue influence, it is important to remember that the burden of proof lies with the person making the allegation. Undue influence implies that the testator was exploited and that the Will was made against their wishes. This can often occur when the Will-maker is vulnerable or dependent on certain individuals. Because proving undue influence requires extremely compelling evidence, such cases are most likely to succeed with the help of a Will dispute lawyer in Sydney. Contact The Will Challenge Lawyers today if you believe that a Will was made under suspicious circumstances.
Understanding Undue Influence
Two types of undue influence must be considered when disputing a Will in Sydney:
- Actual undue influence requires evidence that one person exerted direct influence over the details of a Will
- Presumed undue influence is when the nature of a relationship suggests that influence could have been exerted
Challenging Wills in Sydney requires a high standard of legal expertise and experience. Get in touch with The Will Challenge Lawyers today to discuss your case.
How to Prove Undue Influence
Disputing a Will in Sydney on grounds of undue influence requires the complainant to file a claim that demonstrates that:
- The Will assigns property or assets in an unexpected manner
- The testator was significantly dependent on the person who is alleged to have exerted influence
- The testator’s mental or physical condition was such that it made them vulnerable to undue influence
The standard of proof required to confirm undue influence is high, especially because the testator is not present to testify. This means that the court must rely on the testimony of witnesses such as family members, health professionals, accountants, lawyers and others.
Rebuttal to Allegations of Undue Influence
If you are defending allegations of undue influence, your Will dispute lawyer in Sydney must establish that:
- The testator was fully aware of their decisions
- They were acting independently of outside influence
- The testator received well-informed advice and had sufficient time to consider and then act on that advice
Comprehensive Legal Services for Challenging Wills in Sydney
Disputing a Will in Sydney can be a stressful and emotionally draining experience for everyone involved. However, with the right legal representation, even a matter such as this can be dealt with in a civil, supportive way. Contact The Will Challenge Lawyers today to consult with a trained Will dispute lawyer in Sydney.