Undue Influence

Undue Influence

The challenge to a benefit to a person whose undue influence on the will-maker directed the giving of a benefit to that person.

Wills can be challenged if they are made under the influence of an overbearing relative, friend or advisor. This usually occurs when there is an imbalance of power in the relationship, where the weaker party agrees to the more dominant party’s desires contrary to their wishes. A full examination of all the circumstances under which the will or codicil was made is required.

The exercise of undue influence is a matter of evidence and can not be established by suspicion alone.

Challenging a will is difficult. QLD Estate Lawyers has the experience and expertise to help.  If you require further information regarding challenging an executor, please call us on 1300 580 413

Use our free online Assessment Tool to evaluate the strength of any challenge or proposed challenge to a will

Undue Influence

Disagreeing with the executor

It is the executor’s job to act in the best interest of the estate. If you do not believe they are, you have the right to challenge and  review them in court.

This may occur in certain events, such as if the executor is in a position of conflict, taking too long to administer the estate, or not dealing with the estate in accordance with the terms of the Will. In these situations, you may feel the executor is benefiting themselves or otherwise not acting in the best interest of all beneficiaries.

If it is proved that the executor is not behaving appropriately a new executor will be selected (called an administrator).

What fees can I expect to pay?

When challenging a will, a successful claim will generally be covered by the estate. However if the challenge is unsuccessful the person who challenged it will be liable for their own fees incurred.

What if I live interstate?

Where you reside does not affect these sorts of claims. The relevant laws that apply are generally those of the State where will was made or where the estate is being administered.

Start the Process

Contact our Wills and Estate lawyers by sending us an email and we’ll get in touch shortly, or phone between 8:30AM and 5:00PM Monday to Friday — we would be delighted to speak.

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