When families dispute a will, emotions often run high. It is common for disappointed beneficiaries to believe another family member “talked Mum or Dad into changing the will”.
But suspicion alone is not enough.
A recent New South Wales Supreme Court decision, Bruce v Bruce [2026] NSWSC 900, shows that proving undue influence is one of the most difficult challenges in estate litigation.
What happened?
Agnes Bruce died in 2024 at the age of 102, leaving behind an estate worth approximately $7.7 million, including a property at Coogee valued at around $7.5 million.
Agnes had made a will in 2010 which largely favoured her son, Robert. Five years later, she made a new handwritten will that divided the Coogee property equally between Robert and her daughter, Paula, while leaving other assets in different proportions.
After Agnes passed away, Robert argued that the 2015 will should been declared invalid and passed over and the 2010 Will admitted to probate.
He claimed that:
- Paula had influenced their mother into changing her will.
- Paula arranged the witnesses.
- Paula remained in the room while the will was prepared and signed.
- The will was handwritten by Paula’s son rather than drafted by a solicitor.
- Agnes did not truly know or approve the contents of the will.
Why did the Court reject the challenge?
The Court accepted that there were some suspicious circumstances.
For example:
- the principal beneficiary helped organise the signing of the will;
- she remained present while it was prepared;
- the document was handwritten rather than professionally drafted.
Normally, those factors require the Court to look more carefully at whether the deceased genuinely understood and approved the document.
However, suspicion alone is not enough.
The evidence showed that Agnes herself dictated the contents of the will, referred to notes while doing so, carefully read the finished document before signing it, and had previously explained to a trusted friend why she wanted to change her earlier will.
The Court found that the 2015 will reflected Agnes’ testamentary wishes.
What is undue influence?
Undue influence is more than persuasion.
The law recognises that family members often express opinions or discuss inheritance. That is not unlawful.
To invalidate a will, the person challenged the Will must prove that the deceased’s free will was overborne by pressure or coercion.
In this case, the Court found no evidence that Paula forced her mother to change the will. Instead, the evidence showed Agnes had independently decided that the dramatic increase in the value of her Coogee home justified changing the way her estate would be divided.
Why this case matters
This decision highlights several important lessons:
- A beneficiary’s involvement in preparing a will does not automatically make it invalid.
- Courts closely examine suspicious circumstances, but they still require evidence.
- Allegations of undue influence are difficult to prove without convincing facts.
- Proper evidence showing the deceased understood and approved the will remains critical.
Frequently Asked Questions
Can a beneficiary help prepare a will?
Yes. However, where a beneficiary is closely involved in preparing or witnessing the will, the Court will carefully examine whether the deceased acted independently and of their own free will.
Does a handwritten will count?
It can. A handwritten will may still be valid if the Court is satisfied the deceased intended it to operate as their will and understood its contents.
Is it illegal to persuade someone to change their will?
Not necessarily. People are free to discuss estate planning. The problem arises only if pressure becomes so serious that it overcomes the person’s free choice.
Can a will be challenged because it seems unfair?
No. Australian courts do not invalidate wills simply because the outcome appears unfair. The challenge must be based on recognised legal grounds such as lack of capacity, lack of knowledge and approval, fraud or undue influence.
How we can help
Estate disputes often involve complex family dynamics and significant financial interests. Whether you are challenging the validity of a will or defending one, obtaining experienced legal advice early is essential.
At The Law Office of Conrad Curry, we regularly advise clients on contested probate proceedings, family provision claims and other estate disputes throughout New South Wales. If you are concerned about the validity of a will or need advice about your legal options, contact our friendly team today to discuss your circumstances and how we can assist.
DISCLAIMER
This article reflects the current law at the time of publication. Please note that cases may have been the subject to appeal or subsequent judicial consideration since the date of posting. The decisions referred to are summarised for general understanding only. It is intended for informational purposes only and does not constitute legal advice. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.