Contesting a Will

Common grounds for contesting the validity of a Will include:

1. Lack of testamentary capacity: If the testator did not have the mental capacity to make a will at the time they signed the Will, its validity may be challenged on the basis of lack of testamentary capacity. To substantiate the claim, you may need to provide evidence from witnesses who knew the testator at the time the will was made, or from medical professionals who treated the testator.
2. Undue influence: This is when the testator was unduly influenced by another person when making the will. To prove this, evidence will need to be provided as the nature of the relationship between the testator and the person who allegedly exerted undue influence, and any circumstances that suggest that the person was coerced or manipulated in making their Will.
3. Fraud: If you believe that the testator was fraudulently induced into signing the Will, you may challenge the will on the basis of fraud. To prove this, you may need to provide evidence of the fraudulent conduct, such as forged signatures or false misrepresentations.

Finally, and importantly, to challenge the validity of a will in Victoria, an application needs to brought within 6 months of the grant of probate. It is recommended that you seek legal advice from a lawyer who is an expert in wills and estates law to help you navigate this process and PCL can assist in this regard.

Call us today on 1300 907 335 or otherwise complete an enquiry form to discuss your circumstances with an Estates Lawyer.