If you suspect a will was forged, changed under pressure, or that estate assets are being concealed — you need specific legal advice fast. We focus exclusively on estate and probate disputes across NSW and Queensland.
Choose the situation closest to yours. Each path leads to specific information for your circumstances.
Last-minute changes, new beneficiaries appearing, elderly relative isolated from family — these are common warning signs of undue influence or coercion.
Undue InfluenceBeing accused of misconduct, delay, or self-dealing is serious. You need to understand your duties and how to protect yourself while administering the estate.
Accused Executor HelpDelay, secrecy, unexplained distributions — beneficiaries have specific rights to information and transparency. You may be able to act.
Beneficiary RightsElder financial abuse often involves inheritance pressure, isolation, and misuse of power of attorney. Quick action can protect assets before it's too late.
Elder Abuse HelpIf you believe estate assets are being hidden, transferred, or dissipated — speed matters. Protective steps may be available through the court.
Urgent ProtectionThese are serious legal problems that affect real families. Each requires specific knowledge of succession law, evidence rules, and court process.
Fraudulent conduct affecting estates, inheritances, and estate administration — including forged documents, hidden assets, unauthorised transfers, and false representations to family or court.
Estate fraud explainedFraud connected to probate applications — grants obtained through false or incomplete information, concealed later wills, undisclosed assets, and misuse of the probate process itself.
Probate fraud explainedIn probate law, undue influence means coercion that overbears the will-maker's free intention — not just family persuasion or pressure. Proving it is difficult and evidence-heavy.
Undue influence explainedExecutors have strict fiduciary duties. Delay, self-dealing, failure to account, improper distribution, and conflicts of interest are common grounds for complaint or removal.
Executor misconduct explainedFocused practice areas for estate and probate disputes in NSW and Queensland.
Grounds include undue influence, lack of capacity, fraud, forgery, suspicious circumstances, and lack of knowledge and approval.
Learn moreFor executors or beneficiaries defending a valid will against allegations. Evidence of independent decision-making is critical.
Learn moreInheritance pressure, carer manipulation, POA misuse, and suspicious transactions. Support pathways including 1800 ELDERHelp.
Learn moreWhat beneficiaries can ask about, what they cannot control, how to raise concerns, and when court action may be needed.
Learn moreHow POA misuse affects estates — before-death depletion, suspicious will changes, and QCAT/NCAT tribunal pathways.
Learn moreDementia, illness, last-minute changes — the Banks v Goodfellow test, medical evidence, and the suspicious circumstances doctrine.
Learn moreGuidance on your duties and obligations, what you can and cannot do, and how to protect yourself if allegations are made against you. Includes probate timing, disputes with beneficiaries, and defending valid wills.
Executor ResourcesUnderstanding your rights to information, what beneficiaries can request, what you cannot control directly, and when to seek advice about executor delay, non-disclosure, or suspicious conduct.
Beneficiary ResourcesFor siblings, adult children, carers, or supporters worried about manipulation of an elderly person, isolation, unusual will changes, or misuse of power of attorney.
Family ResourcesIf you hold power of attorney or are concerned about its misuse, understand your obligations and the tribunal pathways available in both NSW and Queensland.
POA Abuse HelpEstate and probate law is state-specific. What applies in NSW may not apply in Queensland.
Governed by the Succession Act 2006 (NSW). Probate applications are generally expected within six months of death. The Supreme Court of NSW has specialist probate and protective lists.
Key areas: formal probate requirements, family provision claims under Ch 3, executor removal, caveats and objections, costs (probate exception may apply).
NSW Law HubGoverned by the Succession Act 1981 (QLD). Unique requirements including the s 10(2) positional signature rule. QCAT and the Public Guardian have roles in elder abuse and EPOA matters.
Key areas: s 10 signature position, s 24 lost will presumption, s 18 dispensing power, Criminal Code s 488 (will forgery — 14 years), QCAT for EPOA disputes.
QLD Law Hub
Dual-state coverage
NSW & Queensland
These red flags commonly indicate estate fraud, probate irregularities, or elder financial abuse.
A new will made shortly before death, especially after a period of illness or isolation, that benefits someone unexpectedly.
Family members, carers, or new acquaintances cutting off access to the person — controlling visitors, phone calls, and information.
A new beneficiary controlling contact with the solicitor, being present during will instructions, or managing the person's affairs exclusively.
Large withdrawals, property transfers, or changes to account signatories in the months before or after death without clear explanation.
Original will cannot be found, copies are inconsistent, solicitor's file is missing, or someone refuses to produce documents.
Months pass with no probate application, no communication, no accounting — or the executor actively refuses to provide information to beneficiaries.
If you suspect something is wrong, gathering the right information early can make the difference. Here is what matters most:
All versions of the will, any codicils, drafts, and solicitor correspondence about will instructions.
What to collectGP notes, specialist reports, hospital records, and any cognitive assessments — particularly near the time of will changes.
What to collectFile notes from the drafting solicitor, attendance records, correspondence, witness statements, and capacity assessments.
What to collectBank statements, transaction histories, property transfers, and account signatory changes in the period before and after death.
What to collectExamine wills, codicils, medical records, financial statements, solicitor files, and timeline of events.
Assess the legal position, evidentiary strength, jurisdictional differences, and available remedies.
If assets are at risk, seek injunctive relief, caveats, freezing orders, or other preservative steps.
Many disputes resolve through negotiation or mediation. Where necessary, we proceed to court with strong evidence.
Estate administration continues. We manage the legal strategy while the estate moves toward resolution.
Estate fraud covers fraudulent conduct affecting estates broadly — forged documents, hidden assets, unauthorised transfers, and misuse of authority. Probate fraud is narrower — fraud connected to the probate application itself, such as false affidavits, concealed later wills, or grants obtained through misleading the court. Both are serious and can result in the grant being revoked.
Probate undue influence requires proof of coercion — that the will-maker's free will was overborne. It is not enough to show persuasion, family pressure, or opportunity. Evidence typically includes: the relationship between the influencer and the deceased, the deceased's vulnerability (age, illness, dependency), the influencer's opportunity to control the will-making process, and the result being inexplicable by ordinary motives. The burden of proof generally falls on the person alleging undue influence.
Beneficiaries have rights to certain information about the estate administration, but those rights are not unlimited. An executor must keep proper accounts and provide them to residuary beneficiaries. If an executor refuses to communicate or provide information, beneficiaries may have grounds to seek court orders for disclosure, or in serious cases, for the executor's removal.
Act quickly. Document what you have observed — dates, conversations, financial transactions, changes in behaviour. Do not alert the suspected abuser without advice. Contact 1800 ELDERHelp (1800 353 374) for support and referral. Seek legal advice about your options, which may include urgent court applications, reporting to the Public Guardian (QLD) or NSW Trustee & Guardian, or QCAT/NCAT proceedings to review an enduring power of attorney.
Every matter starts with a confidential discussion. We will tell you honestly whether you have a legal pathway worth pursuing — and what it will involve.
Phone consultations available. NSW and Queensland matters only.
