How to protect elderly relatives from pressure to change a will

Australians are living longer than ever before. And as people live longer, the importance of careful and considered estate planning only increases.

We know that an ageing population reshapes many aspects of daily life, from healthcare to housing. But increased longevity also comes with a whole new set of legal and practical challenges that can be overlooked, particularly when it comes to estate planning.

The later stages of life often see a gradual decline in a person's wellbeing, rather than a sudden change. Vulnerability does not always present in obvious ways, and physical frailty, subtle cognitive changes, or increased reliance on others can go unnoticed, developing very slowly over time.

A recent decision of the Supreme Court of New South Wales, Waters v Frank; Frank v Waters [2025] NSWSC 1389, provides a sobering illustration of the risks that can arise as we age.

A cautionary case

The case concerned the estate of Dr Percy Waters, who lived to the age of 101. Over the final years of his life, Dr Waters made a series of wills.

Under a will made in 2009, his estate was to be shared equally between his two daughters. From 2011 onwards, however, later wills progressively reduced the daughters' entitlements.

At the same time, a paid carer who had become closely involved in Dr Waters' day-to-day life received an increasing share of the estate. By the final will made in 2019, the carer was the largest beneficiary.

Following Dr Waters' death, the 2019 will was admitted to probate. One of his daughters later challenged that will, along with the earlier wills made after 2009, alleging lack of knowledge and approval, suspicious circumstances and undue influence.

After lengthy court proceedings, the Court revoked probate of the later will and ordered that probate be granted of the 2009 will instead.

Why did the court intervene?

Importantly, this was not a case involving a sudden or dramatic change in testamentary intentions. Rather, the Court was concerned about a pattern of gradual change occurring as the Dr Waters aged and became increasingly dependent on a single individual.

The court found there were significant suspicious circumstances surrounding the preparation and execution of the later wills. Ultimately, the court concluded that probate undue influence had arisen from the deceased's vulnerability and dependence.

Although medical evidence of cognitive decline was relevant, the decisive factors were the surrounding circumstances and the gradual erosion of his autonomy over time.

Why this matters

Cases like Waters v Frank are becoming more common as people live longer.

Longevity can bring extended reliance on carers or companions, subtle cognitive changes and shrinking social or family networks. A person may remain articulate and outwardly capable yet struggle to properly weigh competing claims on their estate or resist pressure from those they depend upon.

Careful estate planning is important because vulnerability does not always announce itself clearly, and it rarely appears all at once.

Practical tips for estate protection

The case highlights important steps you can take to safeguard intentions:

1. Estate planning is an ongoing process, not just a one-off document

Having a will is essential, but how a will is made and reviewed is just as important as its contents.

As circumstances change with age, estate plans should be revisited carefully and with appropriate safeguards.

2. Vulnerability does not require a diagnosis

A formal diagnosis of dementia is not required for vulnerability to exist.

Emotional dependence, isolation and subtle cognitive decline can significantly affect decision-making long before incapacity becomes obvious.

3. Pay attention to gradual changes

One of the key lessons from this case is that risk does not only arise when a will changes dramatically overnight.

Incremental changes, particularly where they consistently benefit the same person, warrant careful scrutiny.

4. Continue to seek independent legal advice

Independent legal advice is one of the strongest protections.

Seeing the same lawyer over a period of time allows gradual or subtle changes in cognition, demeanour, or ability to give instructions to be identified and ensures appropriate safeguards can be implemented.

What families should do

If you have an ageing family member who is becoming increasingly dependent on others, making unexpected changes to their estate plans, or relying heavily on one person for decision-making, encourage them to obtain independent legal advice.

This is not interference, it is protection.

Always remember, good estate planning protects not only assets, but autonomy, dignity and family relationships. With the right advice at the right time, many of these issues can be identified and managed before they lead to a dispute.

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