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  • Writer's pictureEvan Sarinas

Case Study: Incapacity and Fraud 

Our client was in hospital, both mentally and physically incapacitated.

In his younger days, our client worked for the local council and amassed a small fortune in superannuation.

It was that superannuation which was financially sustaining him. He had appointed an attorney who had misappropriated hundreds of thousands of his funds to buy a business (which failed) and other personal spending.

She also influenced him to change his will to benefit her when he died.

We uncovered the fraud and successfully made a Statutory Will application to the Court on behalf of our client’s Litigation Guardian, replacing the old Will (which was made when our client had been unduly influenced by the attorney) with a new Will he would have made, had he had testamentary capacity.

We then continued separate litigation against the Attorney to claw back the fraudulently-obtained funds back to the Estate, so it could be distributed to the rightful Beneficiaries of the Estate.

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