Contesting a Will in NSW - Undue Influence

[SK Investments]

Hi fellow Somersofters,

I'm hoping one of the legal guys can please help out here?

A family member recently passed away.
It has been made aware to us that his most recent will was only made last year, and leaves the majority of his estate to a convicted murderer serving life in prison (nothing to any family), with this man's wife as the executor and allegedly their solicitor drew up the will.
We also have another solicitor that claims 3 years ago he refused to make an official will for the family member as things appeared extremely suspicious.

There are no children of the deceased, only a niece who he brought to Australia from Europe after his wife died some 30+ years ago.

Any help regarding grounds to claim by the niece, or what steps should be taken immediately to challenge the legality of the will and nominated executor will be greatly appreciated.

Thanks,

Keith

 

[thatbum]

What is the relation of this main beneficiary to the deceased?

What's the relevance of this person being a convicted murderer?

 

[SK Investments]

Hi thatbum,

The relation between the two goes back to before the man was convicted, probably back to the 70's. The deceased was rather fond of teenage boys.

The main beneficiaries murderer status may have no relevance, but given the high profile case, and the reputation of the family, it is highly likely that there has been some form of intimidation by this family.

 

[Terry_w]

Hi fellow Somersofters,

I'm hoping one of the legal guys can please help out here?

A family member recently passed away.
It has been made aware to us that his most recent will was only made last year, and leaves the majority of his estate to a convicted murderer serving life in prison (nothing to any family), with this man's wife as the executor and allegedly their solicitor drew up the will.
We also have another solicitor that claims 3 years ago he refused to make an official will for the family member as things appeared extremely suspicious.

There are no children of the deceased, only a niece who he brought to Australia from Europe after his wife died some 30+ years ago.

Any help regarding grounds to claim by the niece, or what steps should be taken immediately to challenge the legality of the will and nominated executor will be greatly appreciated.

Thanks,

Keith

It could be challenged on undue influence - but how do you prove this? What evidence do you have? The onus will be on the person making the allegation to prove it.

If the will was not valid how would the intestacy rules apply?

Maybe a family provision claim would be better.

 

[Scott No Mates]

Does the deceased have any dependants eg wife who may have a claim over the estate?

 

[SK Investments]

It could be challenged on undue influence - but how do you prove this? What evidence do you have? The onus will be on the person making the allegation to prove it.
I will be going through written correspondence received by the deceased from the main beneficiary next week to see what I can find.

If the will was not valid how would the intestacy rules apply?
The deceased has living brothers and sisters overseas, and a niece in Australia (many other nieces/nephews overseas)

Maybe a family provision claim would be better.
The Niece moved here when the deceased offered for a nephew/niece to return to Australia with him after his wife died, she was dependent on him initially. (35yrs ago)

Is it possible for an out of court agreement with will disputes? Ie: present case to main beneficiary's solicitor, outline likely outcome and possible costs incurred, offer a compromise.
The desired outcome being to retain a property in the family.

 

[Terry_w]

Is it possible for an out of court agreement with will disputes? Ie: present case to main beneficiary's solicitor, outline likely outcome and possible costs incurred, offer a compromise.
The desired outcome being to retain a property in the family.

Yes. I don't know if your chances will be high though.

Look up the intestacy laws and determine who would benefit if there was no will.

Also look up the family provision sections of the Succession Act 2009 (NSW) and determine if there are any 'eligible persons' who could possibly make a claim and then try to determine if they have any grounds to make a claim.

 

[SK Investments]

Thanks Terry,

I'll look it up in more detail.