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Undue Influence

Are you considering or exploring undue influence around a recent will?

Protect Your Loved One's True Wishes

At Barwick Boitano Lawyers, we understand the devastating impact that undue influence can have on a loved one’s final wishes. If you suspect that a will has been made under coercion, pressure, or improper influence, our experienced team is here to guide you through the process of challenging its validity and protecting your loved one’s true intentions.
Undue influence can take many forms, from physical threats and emotional manipulation to isolation and misrepresentation of information. Our skilled lawyers are well-versed in NSW succession law and can assist you in identifying and proving instances of undue influence that may have affected the will-making process.
We will work closely with you to gather evidence, establish the existence of a relationship of influence or trust between the will-maker and the influencer, and demonstrate the active steps taken to undermine your loved one’s free will and decision-making.
If undue influence is proven, the affected provisions or the entire will may be deemed invalid by the court, ensuring that your loved one’s true wishes are upheld and their estate is distributed according to their genuine intentions.
We understand the sensitive nature of these matters and will handle your case with the utmost professionalism and compassion. Our goal is to protect your loved one’s legacy and ensure that their final wishes are respected, free from undue influence or coercion.
Don’t let undue influence tarnish your loved one’s legacy. Contact Barwick Boitano Lawyers today to schedule a consultation and take the first step towards safeguarding their true wishes and protecting their estate.

Undue Influence in New South Wales (NSW)

In the context of wills and estates in NSW, undue influence refers to a situation where a person (the influencer) exerts coercion, pressure, or improper influence over the will-maker (the testator) to the extent that the testator’s free will is overborne, and the resulting will does not reflect their true intentions.

Undue influence can take various forms, including:

  1. Physical coercion or threats
  2. Emotional manipulation or exploitation of vulnerabilities
  3. Isolation or restriction of access to others
  4. Misrepresentation or concealment of information

If undue influence is proven, the affected provisions or the entire will may be deemed invalid by the court. The burden of proof lies with the person alleging undue influence, and the standard of proof is on the balance of probabilities.

To establish undue influence, the following elements must be demonstrated:

  1. The existence of a relationship of influence or trust between the testator and the influencer.
  2. The influencer took active steps to undermine the testator’s free will and decision-making.
  3. The will or its provisions were a direct result of the undue influence exerted by the influencer.

It’s crucial to seek legal advice from experienced professionals to assess the merits of an undue influence claim and navigate the legal process effectively.

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