Estate Litigation
Challenging Validity of a Will
In some situations, the issue is not whether a will is fair, but whether the will itself is legally valid. A will may be challenged if there are concerns about how it was prepared, whether the deceased had the necessary mental capacity, or whether the document truly reflects their intentions.
At Ryan and Ryan Lawyers, we provide clear and practical advice to clients considering whether to challenge the validity of a will.
Grounds for Challenging a Will
A will may be challenged where there are concerns that it was not properly made or does not reflect the true intentions of the deceased. Common grounds include:
- Lack of testamentary capacity, where the deceased did not understand the nature or effect of the will
- Undue influence, where pressure or coercion was applied to influence the terms of the will
- Fraud or forgery, including false signatures or altered documents
- Failure to comply with legal requirements, such as the rules relating to signing and witnessing
Each case depends on the specific facts and the evidence available.
Evidence Required
Challenges to the validity of a will are often complex and evidence-driven. Supporting evidence may include:
- medical records relating to capacity
- earlier wills or estate planning documents
- witness statements from family members, carers or professionals
- financial or transactional records
We assist our clients to identify and assemble the evidence needed to properly assess and pursue their claim.
Possible Outcomes
If a will is found to be invalid, the estate may be distributed according to:
- an earlier valid will; or
- the rules of intestacy, which apply where no valid will exists
We Can Help
Understanding the potential outcomes early is important when deciding whether to proceed. If you have concerns about the validity of a will, we can help you understand your options.