Contesting the Validity of a Will
What is the difference between contesting a Will and challenging a Will?
Contesting a will and challenging a will are often used interchangeably, but they have different legal meanings.
Challenging a will refers to a legal action taken by a person who has an interest in the Will but has been left “too little”, or nothing at all, having regard to their relationship with the deceased.
Contesting the validity of a Will, on the other hand, generally refers to a legal action taken by a person who believes that a Will is invalid.
If you want information on challenging a Will read more here.
Common Grounds for contesting the validity of a Will
Common grounds for contesting the validity of a Will include:
- 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.
- 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.
- 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.
Client Testimonials
I recently had cause to use the services of PCL Lawyers regarding a Deceased Estate. The support and guidance I received not only from Phillip but the whole staff, was incredible. They demonstrated their professionalism and expertise in completing the process in a timely and efficient manner. I would have no hesitation in using the services of PCL Lawyers in the future.
Thank you to Philip and Maeve for preparing our new Wills and Powers of Attorney. A very professional and efficient process from start to finish. Philip was happy to answer our many questions and to make sure our wishes were accurately documented. We highly recommend Philip and Maeve from PCL Lawyers.
Phillip Drew is the absolute 💯 BEST. He explained everything clearly and precisely about our wills etc. Things we never had ever been told by other law firms. I cannot recommend PCL lawyers highly enough. His assistant Maeve also has been more then helpful. Thank-you for a job above and beyond well done.
Philip Drew at PCL provided us with a very efficient and effective service when seeking a Grant of Probate recently. Pricing was very reasonable and we would definitely recommend their services.
PCL Lawers provided me with excellent service. I had a very stressful issue with an Estate matter. I had the pleasure to have Philip Drew assist me and advise me, he answered all my questions, he explained everything I didn’t understand and was causing me a lot of stress in a way I could understand, he put my mind at ease and I felt like a huge weight was lifted off my shoulders and I could finally breathe. Philip is very knowledgeable and professional and treated me with compassion. I highly recommend PCL and Philip to anyone seeking an expert in Wills and Estate matters. I would use PCL again if I need legal advice in the future.
Thank you so much Philip!
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