How do you protect an elderly parent's Will from undue influence?
Answered byKevin FinnHead of LegalWatch · 0:46Independent legal advice helps protect a parent’s Will from undue influence. The lawyer should take the parent’s instructions privately and assess their testamentary capacity, without intended beneficiaries directing the process. Beneficiaries should avoid involvement in preparing the Will or arranging appointments. These steps help record the parent’s own wishes and provide evidence if the Will is later challenged; they cannot guarantee that no dispute will arise.
For related guidance, see what happens to a HECS debt when someone dies?.
Read the video transcript
If a Will is drafted under undue influence from a family member, the court can declare it invalid. To shield a Will against future legal challenges, a testator should obtain independent legal advice. The intended beneficiaries should not be involved in making the Will or arranging appointments, and the lawyer preparing the Will should make an assessment as to testamentary capacity and take instructions independently of family members and the intended beneficiaries.
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