Validity of a Will or Trust
Elder abuse is, unfortunately, a common occurrence and fact of everyday life in modern society. There are many cases where an unsuspecting testator is taken advantage by a person they trust – often a spouse or child to execute testamentary documents to distribute their estate in ways that are against their actual wishes. This can occur when the testator a) has no mental capacity to execute any testamentary document; or b) was pressured or threatened into executing a testamentary document that was against their wishes. Wills or trusts that are executed based on undue influence can be set aside in favour of a previous will, or instead, have the estate devolve as an intestacy according to the Estate Administration Act.