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 of 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
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.
We believe it’s important to know your legal rights and obligations before making any decisions. That’s why we offer 30 minute free consultations to give you the opportunity to discuss your matter with a passionate and knowledgeable lawyer who can advise you on the best steps forward.
Onyx Law Group represents clients in family law, estate and trust litigation, estate planning and probate matters. Consult with our experienced team at