Can I Help My Parent Make a Will, or Is That Undue Influence?

If you're an adult child helping an ageing parent sort out their Will, you’re not alone. But as well-meaning as your support may be, there’s a serious legal risk that often gets overlooked: undue influence.

Put simply, undue influence refers to pressure that overrides a person’s free will, resulting in a Will that doesn’t reflect what they truly wanted. It’s one of the most common grounds for a Will to be challenged in court—and it doesn’t require threats or manipulation to be proven.

So how do you support your parent without crossing a legal line? Let’s break it down.

What counts as undue influence?

Australian law recognises that some people are in positions of power, trust or dependence, particularly in ageing, illness, or isolation. If someone in that position exerts influence so strong that the Will reflects their wishes instead of the testator’s, it may be struck down.

This can happen without yelling or coercion. It might look like:

• A child drafting a Will and asking the parent to sign it without fully explaining the terms

• A parent being isolated from other children and relying solely on one for care

• A child discouraging the parent from getting independent legal advice

It becomes more likely when:

• The person helping is a major beneficiary under the Will

• The parent is unwell, confused, or fearful of being left alone

• The Will contains unexpected or drastic changes from a prior version

Can I still help them without causing a problem?

Yes—but you need to tread carefully. You can:

• Encourage them to make a Will if they haven’t already

• Help them make an appointment with a lawyer

• Organise transport, if needed

• Sit in the waiting room while they meet the lawyer privately

You should not:

• Dictate who should get what

• Sit in on the Will-drafting meeting (unless the lawyer expressly permits it and documents it carefully)

• Prepare the Will yourself using a DIY kit or online form

The best protection—for you and for them—is to ensure they receive independent legal advice, without interference.

What do lawyers do to prevent undue influence?

Experienced lawyers are trained to detect potential influence. If you bring a parent in to make a Will and you’re a beneficiary, expect the lawyer to:

• Interview your parent alone, with no one else in the room

• Ask questions to test whether the instructions reflect their true wishes

• Take detailed notes about the context of the Will

• Consider requesting a medical opinion if capacity or influence is in doubt

This isn’t personal—it’s professional diligence. It ensures the Will is valid and less vulnerable to challenge.

What happens if the Will is challenged?

If someone believes the Will was made under undue influence, they can lodge a claim in the Supreme Court. The person who benefits from the suspicious Will may need to prove that it was made freely and voluntarily. This can lead to:

• Litigation costs in the tens of thousands

• Delays in the estate being distributed

• Deep fractures within families

Most importantly, the Will may be invalidated, and an earlier version (or the laws of intestacy) may apply.

Bottom line: Help with care, and step back when it matters

You can absolutely support your parent in making a Will—but never be the person who benefits and controls the process at the same time. Transparency and independence are essential.

Encouragement is fine. Influence is not. If you're ever in doubt, the safest approach is to make space for your parent to receive clear, private legal advice.