Challenging a Will

When an application has been made for the grant of probate in respect of a will where its validity is affected you may need legal help challenging the will to dispute it. Often the first step is to register an appropriate caveat in the registry and then to lodge proceedings to contest the will. Sometimes where the defendant is known it may not be necessary to lodge such a caveat.

Proceedings to dispute a will can sometimes be made by statement of claim seeking to revoke probate on proper grounds. There are many examples of when a will can be challenged, other than on the basis of seeking a family provision order, which include:-

• If the will was forged;
• If the will was not properly executed and/or witnessed;
• If the maker of the will, also known as a testator, did not understand and approve it;
• If the testator lacked capacity perhaps due to dementia or a delusion that affected the contents of the will.

Let us help you:-

• Determine if there are proper grounds for contesting a will;
• Understand the option of lodging a caveat in the registry;
• Deal with a will affected by fraud;
• Dispute a will that came into existence by reason of actual coercion (undue influence).
• Challenge a will due to lack of testamentary capacity.