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Undue influence, Coercion and Wills

In a recent article we outlined legal issues regarding capacity to make a Will.

A different but related question that is arising more frequently is whether a deceased person who has legal capacity has been coerced into changing his or her Will late in life. This concern is especially relevant in cases involving will disputes and individuals who may have concerns that they have been left out of a will.

Most elderly people, whilst still having legal capacity, find it harder to make decisions and become more easily influenced by those around them. Instances of greater pressure being applied to older people by potential beneficiaries seem to be increasing. [...]  READ MORE →

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Navigating Family Provision Claims

Ensuring Fairness: Navigating Family Provision Claims

The principle of testamentary freedom suggests that a will maker is not constrained with regards to testamentary wishes and choices. However, chapter 3 of the Succession Act 2006 (NSW) (the Act) enables those who are related to the deceased by blood, close relationship and/or dependence, to initiate legal proceedings, seeking orders for provision or increased provision from the deceased’s estate, for maintenance, education, or advancement in life, which would be different to the deceased’s intended dispositions in their last will. [...]  READ MORE →