National Crime Signs something is wrong
Estate fraud, undue influence, and elder financial abuse rarely announce themselves openly. They tend to emerge through small changes that accumulate over time. Here are some of the most common warning signs:
Behavioural warning signs
- A relative is suddenly isolated — phone calls go unanswered, visits are blocked, or a new person controls access.
- The person seems frightened, withdrawn, or unusually anxious about money.
- A new "friend", carer, or acquaintance has moved in and is managing the person's affairs.
- Family members are being told they are no longer welcome, often by someone who has only recently entered the person's life.
Financial warning signs
- Unexplained withdrawals from bank accounts or large transfers to unfamiliar recipients.
- Bills going unpaid despite adequate funds — suggesting someone else is taking the money.
- A new will or power of attorney has been signed — and you were not told about it.
- Property is being transferred or sold under unclear circumstances.
- An enduring power of attorney has been activated in circumstances that seem unnecessary or suspicious.
What to do now
If you suspect something is wrong, the most important thing is to act — but to act carefully. Here is a step-by-step guide:
Observe & Record
Note what you have seen. Write down dates, conversations, and specific incidents. If you have access to documents, keep copies in a safe place.
Check Documents
If you can, review recent bank statements, will documents, or POA paperwork. Look for transactions or changes that are inconsistent with the person's long-standing pattern.
Speak Gently
If it is safe to do so, speak with the person. Ask open questions. Do not accuse anyone. Listen to what they say — and what they do not say.
Get Legal Advice
Speak with a lawyer who specialises in estate disputes. They can assess whether the conduct you have observed amounts to a legal wrong, and what can be done about it.
Act If Urgent
If assets are being moved right now, or the person is in immediate danger, urgent court or tribunal orders may be available. Call a lawyer today — do not wait.
What not to do
Good intentions can sometimes make a situation worse. Here are things to avoid:
Important cautions
- Do not confront the suspected abuser directly. This can trigger asset transfers, further isolation, or destruction of evidence.
- Do not attempt to change the will or POA yourself. Getting the person to sign a new document under pressure — even from family — can itself be challenged as undue influence.
- Do not take money or assets, even to "protect" them. Without legal authority, this can expose you to allegations of misconduct. The proper approach is through legal channels.
- Do not delay. Once probate is granted, or assets are dissipated, it becomes much harder to undo what has been done.
- Do not assume it is too late. Even after probate, there may be remedies — including revocation of a grant obtained by fraud.
Capacity and coercion — an overview
Two legal concepts are central to many estate disputes involving vulnerable people:
Testamentary Capacity
For a will to be valid, the person making it must have understood the nature and effect of making a will, the extent of their assets, the people who might expect to benefit, and must not have been suffering from a disorder of the mind that influenced their decisions. This is the Banks v Goodfellow test (1870), and it remains the law in both NSW and Queensland. A person can have general cognitive impairment and still have capacity to make a will — the assessment is specific to the time of execution.
Undue Influence (Coercion)
Undue influence in probate is not mere persuasion or family pressure. It is coercion — pressure that overbears the will-maker's free and independent judgment, so that the will reflects the influencer's wishes rather than the testator's. Proving undue influence requires clear, cogent, and exacting evidence — the Briginshaw standard applies. Suspicion alone is not enough.
Power of attorney concerns
An enduring power of attorney gives the appointed attorney significant control over the donor's financial affairs. When an attorney misuses that power — by making unauthorised gifts, transferring assets to themselves, or depleting accounts — the consequences can be devastating for the donor and for the estate that will eventually pass to beneficiaries.
In NSW, concerns about POA misuse can be raised with NCAT (NSW Civil and Administrative Tribunal), which has powers to review attorneys' conduct, require accounts, and remove or suspend attorneys. In Queensland, similar powers are exercised by QCAT (Queensland Civil and Administrative Tribunal) under the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998.
In serious cases — particularly where large sums are involved — Supreme Court proceedings may be necessary to recover misappropriated assets and to set aside transactions entered into in breach of the attorney's duties.
If you are concerned about POA misuse, early legal advice is critical. The longer an attorney operates without scrutiny, the harder it becomes to trace and recover assets.
Support services
You do not have to navigate this alone. In addition to legal advice, the following services provide support for families and older people:
NSW Ageing and Disability Commission
Receives reports of abuse, neglect, and exploitation of older people and adults with disability in NSW. They can investigate and take protective action. Website: ageingdisabilitycommission.nsw.gov.au
QLD Elder Abuse Helpline
Operated by UnitingCare, the Elder Abuse Prevention Unit provides a confidential helpline for anyone experiencing or witnessing elder abuse in Queensland. Phone: 1300 651 192.
NSW Trustee & Guardian
Can be appointed as an independent financial manager where an older person lacks capacity and there is no suitable family member or where family members are in conflict. Website: tag.nsw.gov.au
Office of the Public Guardian (QLD)
Provides guardianship and advocacy services for adults with impaired capacity in Queensland. Can investigate concerns about attorneys and guardians. Website: publicguardian.qld.gov.au
National Elder Abuse Phone Line
1800 ELDERHelp (1800 353 374) — a national service that provides information and referrals for anyone experiencing or witnessing elder abuse.
Legal Aid NSW / Legal Aid QLD
May provide free or low-cost legal advice in certain circumstances, particularly where elder abuse is involved. Both services can provide referrals to private practitioners.
Speak with a specialist estate disputes lawyer
If you are worried about a family member — whether about their will, their finances, or their safety — we can provide a confidential assessment of the situation and your options. You do not need to have all the answers. We can help you work out what to do.