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Individual Podcasts

The Power of Persuasion: Will Challenges for Undue Influence

Economic challenges and an ageing society have resulted in the elderly becoming increasingly vulnerable to influences from family for financial support. But when does such behaviour change from suggestion to influence and when should a will be challenged on the basis of undue infl

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About the Podcast

Economic challenges and an ageing society have resulted in the elderly becoming increasingly vulnerable to influences from family for financial support. But when does such behaviour change from suggestion to influence and when should a will be challenged on the basis of undue influence? This session examines the law of undue influence and provides a guide to legal practitioners faced with claims of this nature, including:

  • Red flags and other signs of undue influence
  • Where to draw the line between suggestion, persuasion and undue influence
  • What should a solicitor do if they suspect their client has been subject to undue influence?
  • Who has standing to make a claim of undue influence following death of the will-maker?
  • What standard of proof is required?
  • Where undue influence is proved what effect will the finding have on the will?
  • Recent cases including Hayward (as Executor of Felton Estate) v Speedy & Felton [2021] NSWSC 943; Estate of Rofe [2021] NSWSC 257

Presented By

Asheetha Jelliffe
Partner, Bridges Lawyers Sydney, NSW

Asheetha was admitted to practice in 2003. She has over 20 years' experience in Wills and Estates Law and became an Accredited Specialist in 2011. She is appointed by the Law Society of NSW as a member of the Advisory Committee for Specialist Accreditation in Wills and Estates, as is the Head Assessor of that committee. Although her main area of practice is in contested estate litigation, including testamentary capacity matters, family provision cases and other trust and estate administration suits, she has utilised that experience in her growing estate planning practice. She also has experience in Elder Law related issues and applying for 'out of the ordinary' grants of probate and letters of administration. Asheetha has been appointed as a Court Appointed Administrator for estates. She is a regular presenter at seminars and workshops in the areas of Wills and Estates law. Asheetha is a member of the Society of Trust and Estate Practitioners. Asheetha is listed in the 2024 Doyles Guide’s lists as a Preeminent Wills & Estates Litigation Lawyer in NSW and as Leading in Wills, Estates & Succession Planning Law in NSW and Wills & Estates Litigation Lawyer in Australia.

CPD Information

0.5 CPD units

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