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MGE Lawyers

Wills & Estates

Undue Influence & Capacity

Disputes concerning pressure, manipulation or capacity affecting a will or gift.

What's happening?

What could it mean for me?

  • These claims can be difficult to prove and often rely on circumstantial and witness evidence
  • A successful claim can result in a will, gift or transaction being set aside
  • Family relationships involved in these disputes can be particularly strained
  • Medical records and evidence from the deceased's solicitor can be important to these disputes

What are my options?

  • Gather evidence of the deceased's circumstances, relationships and vulnerability at the relevant time
  • Obtain relevant medical and solicitor's file records
  • Consider whether negotiation or mediation may resolve the dispute
  • Pursue or defend proceedings in the Supreme Court of NSW where necessary

What happens next?

  • We assess the circumstances and evidence available to support or defend the claim
  • We obtain relevant medical, financial and witness evidence
  • We explore a negotiated resolution where appropriate
  • We represent you through Supreme Court proceedings if required

How can MGE Lawyers help?

Common questions

Undue Influence & Capacity — frequently asked questions

Speak with MGE Lawyers about undue influence & capacity

Tell us briefly what has happened. We will explain where you stand and what happens next. For urgent matters, call 1800 643 529, available 24/7.

24/7 phone assistance available
Enquire Call 1800 643 529