Estate Litigation > Will Validity Disputes
Challenging an Invalid Will
Challenging a Will is a situation where there are reasons to question the validity of a will. There are many reasons why this may be the case.
If probate is sought of the challenged will, it may be appropriate to lodge a caveat in the Supreme Court of New South Wales.
Types of Will Challenges
Some of the most common types of Will Challenges include:
Lack of Capacity to make a Will
A Will can be challenged if you can prove that the will-maker lacked the mental capacity (testamentary capacity) required to make a valid Will. To commence proceedings on the these grounds you must first establish that the deceased had a medical condition which would result in them having a reduced mental capacity. However, you must be aware that extreme age or illness is not of itself conclusive evidence of incapacity to make a Will. Testamentary capacity has a specific legal definition – it is best to speak to a lawyer.
Lack of Knowledge and Approval
The deceased (the testator) must know and approve the contents of his or her will.
A Later Will
A grant of probate may be challenged if it was not the last will of the deceased. The law in NSW in certain circumstances allows for informal documents to be recognised as containing the deceased’s intentions.
Undue Influence
A will may be challenged if the deceased was subject to undue influence and pressured to write a will that does not reflect their true intentions.
Fraud or Forgery
A will may be challenged if it was obtained through fraud or is a forged document.
What do I do if I wish to challenge the validity of a will?
If you think you may have grounds to challenge the validity of a will, get in contact with us. If we determine that you have no claim, there will be no fee from us. If we believe you have a claim, our expert lawyers will work with you from beginning to end.
To take advantage of a free initial consultation send us a message or telephone us on (02) 8006 1596
Other Will & Estate Disputes
Will Interpretation and Rectification
These disputes include what is known as “construction disputes” and “rectification disputes.” Construction disputes are where the meaning of the will is unclear and requires the clarification of the Court. Rectification disputes are where the will does not say what the testator intended it to say and requires the Court to “rectify” the will to correct the mistake.
Probate & Executor Disputes
These disputes are where the executors under a will or administrators of an estate face difficulties.
Family Provision Claims & Contesting a Will
These disputes arise when a person has been left out of a will or received less than they should have received from a will or deceased estate. A Family Provision Application may allow you to receive more from a deceased estate.
Negligent Will Drafting
Sometimes the solicitor that drafted a will for a deceased person may not have done so with the care and skill required.
Irma Remic
Irma Remic is a Partner and Principal at Langham Lawyers, responsible for heading up the Wills & Estates Team. She has extensive experience acting for clients in a wide variety of Will & Estate Disputes.
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Our Wills & Estates Team know wills and estate law inside and out. Where the stakes are high, we believe it’s important to engage a trusted and proven legal service provider. By taking steps early, we can help minimise the potential harm and damage that can be caused through these types of disputes.
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We offer a range of fee options depending on your circumstances including deferred payment (pay at the end of your matter) and speculative (no win no fee) arrangements.
Please contact our friendly will dispute team on +61 2 8006 1596 for your free no obligation 45-minute appraisal.
What our clients say
"From the day Langham Lawyers took over we learnt that not all solicitors are equal. At our first conference Irma Remic organised for a barrister also specialising in will disputes to also be there. That was the first time we actually understood what our case involved. Irma was very understanding in supportive in a case that brought up good and bad memories. She really cared about my case and would keep me updated even following the mediation. I am so happy with the result..."
⸺ A Will Dispute Client
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