Our estate lawyers, help clients get what they’re owed in unjust enrichment cases.
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.