The Legal Light Justin Stack The case of an old man's carer who also took care of his will It is a story that sadly happens far too often, and one that families need to be alert to. A recent court case involved the family of an elderly man who repeatedly changed his will, each time giving his carer an increasing share of his estate. It started back in 2008, when the elderly Sydney man hired a domestic carer at $150 per day for his everyday needs. He was a retired CSIRO scientist who had two daughters and whose wife had died in 2003. The Supreme Court heard that within months, the carer gained access to the old man's bank accounts. Over eight years, from 2011 until he died in 2020 aged 101, he changed his will four times. Each time he allotted a bigger share of his considerable estate to his carer, rising from five per cent to 21 per cent. The daughters discovered that their father's last will, signed in 2019, gave the carer more than the 20 per cent they each received. One daughter challenged the will, claiming the carer had exerted undue influence over their father. The Supreme Court heard the carer had received gifts valued at almost $60,000, including Christmas and birthday gifts, bonuses and a trip to England, costing $8,233 in airfares. In 2010 the carer was sacked by the man's solicitor. The solicitor said the man asked him to sack the carer because he was "almost afraid of her. The old man gave the carer $10,000 severance pay, but six days later he hired her back and she regained control of his accounts. Justice Michael Elkaim found the carer was present when each of the four wills was made, and that she dominated and dictated the man's life and controlled his money. "I am of the firm view that she was exerting an undue influence upon him... coercion does not have to be physical and may be entirely mental," the judge said. The judge declared the four wills invalid because of that undue influence. However, a 2009 will which he had signed before the carer came into his life was valid. It gave the bulk of the man's estate to his two daughters. Felicity Marchant, wills and estates lawyer at Stacks Law Firm, said it is generally not easy to establish undue influence, and the onus is squarely on the person questioning the will. "Elder abuse is a growing problem as estates soar in value. It is best to obtain independent legal advice early to ensure your loved ones don't fall victim to this." STACKS LAW FIRM Lesley Dingley Commercial Lawyer 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack The case of an old man's carer who also took care of his will It is a story that sadly happens far too often , and one that families need to be alert to . A recent court case involved the family of an elderly man who repeatedly changed his will , each time giving his carer an increasing share of his estate . It started back in 2008 , when the elderly Sydney man hired a domestic carer at $ 150 per day for his everyday needs . He was a retired CSIRO scientist who had two daughters and whose wife had died in 2003 . The Supreme Court heard that within months , the carer gained access to the old man's bank accounts . Over eight years , from 2011 until he died in 2020 aged 101 , he changed his will four times . Each time he allotted a bigger share of his considerable estate to his carer , rising from five per cent to 21 per cent . The daughters discovered that their father's last will , signed in 2019 , gave the carer more than the 20 per cent they each received . One daughter challenged the will , claiming the carer had exerted undue influence over their father . The Supreme Court heard the carer had received gifts valued at almost $ 60,000 , including Christmas and birthday gifts , bonuses and a trip to England , costing $ 8,233 in airfares . In 2010 the carer was sacked by the man's solicitor . The solicitor said the man asked him to sack the carer because he was " almost afraid of her . The old man gave the carer $ 10,000 severance pay , but six days later he hired her back and she regained control of his accounts . Justice Michael Elkaim found the carer was present when each of the four wills was made , and that she dominated and dictated the man's life and controlled his money . " I am of the firm view that she was exerting an undue influence upon him ... coercion does not have to be physical and may be entirely mental , " the judge said . The judge declared the four wills invalid because of that undue influence . However , a 2009 will which he had signed before the carer came into his life was valid . It gave the bulk of the man's estate to his two daughters . Felicity Marchant , wills and estates lawyer at Stacks Law Firm , said it is generally not easy to establish undue influence , and the onus is squarely on the person questioning the will . " Elder abuse is a growing problem as estates soar in value . It is best to obtain independent legal advice early to ensure your loved ones don't fall victim to this . " STACKS LAW FIRM Lesley Dingley Commercial Lawyer 02 6592 6592 taree.stacklaw.com.au Partners in life