Elder Abuse: Increasing numbers of people lose control of their aged relatives, and find

carers and other people have moved in

We commonly find that as people age, particularly as they can become more eccentric, this

provides opportunities for other people to move in and take control of the elderly loved one.

One particular group of people who are accused of doing this are carers, and another one is

neighbours and distant relatives.

There are also people who are known to actually prey on the aged relative. In each case the

situation is similar: they start working with the aged relative in a caring role, and the family

are generally very happy to have that done, and to be relieved of some of the work. Over

time, the elderly relative’s mind can be poisoned, or at least turned, against the family and

very often towards the end of the person’s life, the carer/neighbour has taken control of the

person’s life, is present when any family member visits, screens all telephone calls, and very

often prevents the family from making any contact with the aged relative at all. It is not

uncommon for the family to be faced with Court or Police orders preventing them from

making contact with the aged relative whatsoever. It is only a matter of time then that many

usually discover that after the relative has gone, that the Will leaves a substantial benefit to

the carer/neighbour, if not everything.

If this occurs: what should you do?

The best thing to do is immediately contact a lawyer, and see whether you can take action to

stop the Will being registered for Probate, as this will put the carer/neighbour on notice that

they will need to prove the validity of the Will. Very often the Will is made in strange

circumstances, and if the deceased did not have capacity to make the Will or was subject to

undue influence, the family may be able to stop the Will from being registered for Probate.

Otherwise, if the Will has been accepted for Probate, then the family member should obtain

legal advice immediately to see whether they can contest the Will and say it is unfair if they

have been cut out and not provided with sufficient provision.

The limitation dates for doing that vary, but in New South Wales it is 12 months from the

date of death, but six months in all other States from the date of Probate, not the date of

death.

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