In Queensland, undue influence in wills is a growing concern, especially as our population ages and complex family dynamics evolve. When a will doesn’t reflect the true wishes of the deceased person, families can be left confused, hurt, and financially disadvantaged.
This guide explains what undue influence really means, how to spot the red flags, and most importantly, what you can do about it if you suspect foul play.
We’ll walk you through the legal process, what the courts need to see, and how to get professional guidance in Queensland.
What Is Undue Influence in a Will?
In Queensland, undue influence refers to improper pressure or coercion that overpowers a person’s free will when creating or changing their will. It’s not simply about persuasion—it involves pressure that compromises the will-maker’s genuine intentions.
The law recognises that a valid will must reflect a person’s free and voluntary act, made with a sound mind. If the court finds that a will was made under coercion, it can be declared invalid by the Supreme Court of Queensland, in line with principles established under common law and interpreted through the Succession Act 1981 (Qld).
Difference Between Persuasion and Unlawful Pressure
- Persuasion: A child asks to be included in a will. The parent agrees out of love or obligation.
- Undue influence: A child threatens to withhold care or emotional support unless they are made sole beneficiary.
The key is whether the will-maker’s true intentions were compromised.
Examples of Undue Influence
- An elderly woman changes her will to benefit a caregiver she barely knew six months ago.
- A man with declining mental capacity removes his children from his will after daily pressure from a new partner.
- A person excludes biological children after manipulation by someone with financial dependence on them.
Who Is Most at Risk of Undue Influence?
Certain individuals are more vulnerable than others, especially when personal or financial dependency comes into play.
- Elderly or ill individuals: They may rely heavily on carers or family members.
- People with cognitive impairment: Conditions like dementia can affect testamentary capacity.
- Isolated individuals: Lack of external support increases risk.
- Common relationships: Child-parent, caregiver-elder, or dependent-partner dynamics can become problematic.
These people may not realise they’re being manipulated, especially when the influencer is someone close.
Talk to VM Family Law
Think something feels off about a loved one’s will? Don’t wait. Talk to an experienced estate lawyer. Visit VM Family Law or call 07 3447 8966.
Warning Signs of Undue Influence in Will-Making
Spotting the warning signs early can make all the difference in protecting a loved one’s true wishes. Here are some common red flags that may point to undue influence during the will-making process.
- Sudden or unexpected changes to the will, especially close to the person’s death
- Exclusion of long-standing beneficiaries like children or a spouse
- A single person heavily involved in organising or attending all will-related meetings
- No legal or independent advice was sought during the process
- No medical assessment of the will-maker’s mental capacity
- The will-maker appears fearful, confused or pressured
Look out for suspicious circumstances or inconsistencies in financial records or legal documents.
How is Undue Influence Established?
Establishing undue influence in Queensland isn’t always straightforward—it’s a legal challenge that relies heavily on facts, context, and credibility. Courts generally look at two possible paths: actual undue influence and presumed undue influence, each with different requirements for proof and evidence.
Actual Undue Influence
This occurs when there’s direct evidence that someone exerted pressure or coercion over the will-maker. It could be threats, manipulation, or exploiting emotional or physical dependence. The person contesting the will must show that the will-maker didn’t act of their own free will, and that the influence overrode their judgment.
This is difficult to prove and often relies on key evidence like witness statements, medical records, or communications (emails, texts, etc.) showing controlling behaviour.
Presumed Undue Influence
In some relationships—especially where trust and dependency are involved—the court may presume undue influence if there’s a suspicious transaction or outcome. This doesn’t automatically apply to wills, but it can inform the court’s view in estate litigation.
For example, if a carer suddenly becomes the main beneficiary and there’s evidence the will-maker was unwell or isolated, the court may scrutinise the situation more closely. Still, the person challenging the will must provide compelling evidence to shift the burden of proof.
Courts also consider lack of capacity, suspicious circumstances, and whether independent legal advice was involved when the will was made.
How to Challenge a Will Based on Undue Influence in Queensland
Challenging a will based on undue influence in Queensland involves a clear legal process, but timing and evidence are everything. If you suspect a will doesn’t reflect the deceased person’s true wishes, here’s what you need to do:
Step 1: Seek immediate legal advice
Speak to an experienced estate lawyer as soon as possible to understand your rights and chances of success.
Step 2: Confirm your eligibility
You must be an eligible person under the Succession Act 1981 (Qld), such as a spouse, child, or dependant.
Step 3: Act within the time limit
You generally have 6 months from the date probate is granted to notify of your intention to contest the will, and 9 months to file the application.
Step 4: Gather strong evidence
Collect relevant records such as medical reports, solicitor notes, financial documents, and witness statements that support your claim of undue influence.
Step 5: File a family provision claim or estate challenge
Your lawyer will help you prepare a formal court application through the Supreme Court of Queensland.
Step 6: Attempt alternative dispute resolution
Most cases go through mediation before trial to reach a cost-effective, fair outcome.
Step 7: Proceed to court if unresolved
If no agreement is reached, the court will assess the validity of the will and whether undue influence occurred.
Failing to act within the strict time limits can result in losing your right to challenge, so it’s critical to move quickly.
What Happens If a Will Is Found to Be Influenced?
If a court decides a will was made under undue influence, the outcome can be significant. Here’s what typically happens when a will is found to be invalid.
Possible Court Outcomes
- The will may be partially or entirely set aside
- The estate may be distributed under a previous valid will
- If no earlier will exists, intestacy laws apply
Impact on Other Beneficiaries
Those who gained assets unfairly may have to return them. Others—like adult children or dependent parents—may receive additional provisions for adequate maintenance.
Courts strive for a fair outcome that honours the deceased’s original intentions.
How to Prevent Undue Influence in Will-Making
Preventing undue influence starts with taking the right precautions during the will-making process. These steps can help ensure the will truly reflects the person’s own wishes.
- Ensure the will-maker gets independent legal advice
- Use a video recording or written declaration of capacity at the time of signing
- Get a medical assessment to prove sound mind
- Avoid having interested parties present during will discussions
How VM Family Law Can Help
Having the right legal support makes all the difference when dealing with complex will disputes. VM Family Law offers trusted guidance and clear advice every step of the way.
- Clear, practical legal advice: We help you understand your rights and assess the strength of your claim.
- Thorough evidence gathering: Our team assists in collecting key documents like medical records, witness statements, and legal files.
- Strong representation in negotiations or court: We work to resolve matters through mediation or represent you confidently in the Supreme Court if needed.
- Support tailored to your situation: You get compassionate, personalised advice that fits your unique family and legal circumstances.
Need help challenging a will made suspiciously? Contact VM Family Law today on 07 3447 8966 or visit www.vmfamilylaw.com.au for a confidential consultation.
Frequently Asked Questions (FAQs)
What is undue influence in a will?
Undue influence in a will happens when someone uses pressure or manipulation to override the free will of the person making the will. This often targets vulnerable people and can affect estate distribution, resulting in inadequate provision for eligible parties.
What is the burden of proof for actual undue influence?
The person contesting the will must provide relevant evidence and witness testimonies to prove that the will-maker was coerced. It’s a complex process and requires strong proof that the person’s decisions were not made freely or voluntarily.
What is an example of actual undue influence?
If a carer threatens to withhold medication or emotional support unless they’re included in the will, this may be actual undue influence. In such cases, courts consider family relationships, valid grounds, and whether adequate provision was denied to rightful beneficiaries.
What is 7 undue influence?
The term “7 undue influence” often refers to common indicators like isolation, dependence, secrecy, and sudden changes to a will. These signs can raise concerns about whether legal standards were met and whether the will reflects valid grounds.
What is the best way to prove undue influence?
The best way is through a combination of witness testimonies, medical records, and expert input from a legal professional. You’ll need a strong legal team to present a compelling case with relevant evidence that the will was made under pressure.
What makes a will invalid in Queensland?
A will may be ruled invalid if the court finds undue influence, lack of mental capacity, or failure to follow formal legal requirements. This often arises during or after the grant of probate, when disputes over adequate provision or the role of the estate executor surface.
How much does it cost to contest a will in Queensland?
Costs vary depending on the case’s complexity, evidence needed, and whether it goes to trial, with legal expenses sometimes ranging from several thousand to tens of thousands of dollars. However, many claims, like a family provision application, may settle early, reducing potential outcomes and overall cost.
Final Thoughts
Dealing with concerns about a loved one’s will is never easy, especially when you suspect their true wishes weren’t respected. In 2025, with more families facing disputes over wills, it’s important to understand your rights and take action early.
If you’re unsure whether undue influence played a role, speaking with a legal professional can bring clarity and peace of mind. VM Family Law is here to support you through every step, with straight answers and practical help.
Call 07 3447 8966 today or visit www.vmfamilylaw.com.au to book your free consultation. Let’s make sure your loved one’s final wishes are honoured.
