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.