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NSW Division of Family Estate - Communication Hindered by Family Member?

Discussion in 'Wills and Estate Planning Law Forum' started by ellie, 17 June 2015.

  1. ellie

    ellie Member

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    I am looking for some guidance of what legal advice / action I should look at taking given some very upsetting behaviour by a family member.
    Last year, my mother died and since then her sister, my aunt, escalated a series of events to move my grandfather away from his wife (shortly after which she passed away in hospital) and made changes to take guardianship and power of attorney of my grandfather's estate. Prior to my mother's death, my aunt had been excluded from these roles due to her financial situation (bankruptcy) - as advised by my grandfather's solicitor.
    My aunt has taken numerous steps to stop communication between my grandfather and I and other family members. I have just found out that she has recently has overseen the sale of his property.
    Can anyone recommend who I should speak with for advice and if there is anything I can do to try and stop her taking everything or changing his Will? I'm extremely concerned, as are other members of the family.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Ellie,

    Unfortunately there's not a lot you can do until you can prove that your aunt's behaviour has amounted to undue influence or duress, which is basically taking advantage of a position of power over someone or asserting influence to the point that they act against their own natural will or inclination.

    Does your grandfather still have full mental capacity?
     
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