What's happening?
Undue influence disputes arise where it is alleged that a person's will, or a gift made during their lifetime, was not a product of their own free will but was instead the result of pressure or manipulation by another person. Capacity disputes concern whether the deceased had the mental ability to understand what they were doing when they made a will or entered into a transaction. These issues often overlap, particularly where the deceased was elderly, unwell or dependent on the person alleged to have exerted influence.
What could it mean for me?
- These claims can be difficult to prove and often rely on circumstantial and witness evidence
- A successful claim can result in a will, gift or transaction being set aside
- Family relationships involved in these disputes can be particularly strained
- Medical records and evidence from the deceased's solicitor can be important to these disputes
What are my options?
- Gather evidence of the deceased's circumstances, relationships and vulnerability at the relevant time
- Obtain relevant medical and solicitor's file records
- Consider whether negotiation or mediation may resolve the dispute
- Pursue or defend proceedings in the Supreme Court of NSW where necessary
What happens next?
- We assess the circumstances and evidence available to support or defend the claim
- We obtain relevant medical, financial and witness evidence
- We explore a negotiated resolution where appropriate
- We represent you through Supreme Court proceedings if required
How can MGE Lawyers help?
We advise families and individuals involved in disputes concerning undue influence or capacity, whether raising these concerns about a will or gift, or defending an estate or transaction against such allegations.