Grandmother's Will
The client is involved in a potential will dispute concerning their grandmother's estate in Victoria, Australia. The grandmother's will currently allocates half of her estate to the client and their sibling, as their father, her son, has passed away. The grandmother is experiencing cognitive difficulties that raise concerns about the legitimacy of any amendments to her will due to potential influence from the client's mother. This case touches on aspects of elder law and family law.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to ensure my grandmother's current will remains valid and isn't altered due to undue influence?
To ensure your grandmother's current will remains valid and isn't altered due to undue influence, consider documenting her current wishes through video or other recordings, provided she's willing and able. This can serve as evidence that reflects her intentions. Additionally, inform your grandmother's solicitor about your concerns. They can provide guidance and ensure any changes to the will are made only if she has the requisite mental capacity and without undue influence. Engaging an independent capacity assessor to document her mental state could also be beneficial.
How can I establish whether my grandmother has the mental capacity to alter her will given her cognitive difficulties?
To determine if your grandmother has the mental capacity to alter her will, a legal assessment known as a 'capacity assessment' is necessary. This involves a medical professional evaluating her ability to understand the nature and effect of making changes to her will.
What legal options are available if I believe undue influence is being exerted on my grandmother to change her will?
If you suspect undue influence on your grandmother to alter her will, you can seek intervention from the Supreme Court of Victoria. You might consider applying for an injunction to prevent any changes to the will until the court determines its validity. Additionally, gathering evidence of your grandmother's current mental state and any influence exerted is essential.
What are the potential legal consequences if my mother's actions are considered coercion or undue influence in altering the will?
If your mother's actions are deemed coercion or undue influence, any changes made to the will under such circumstances may be legally contested and potentially declared invalid. A will must reflect the true intentions of the testator, who must make decisions free from pressure. If undue influence is proven, the court may revert to the original terms of the will or apply the rules of intestacy.
