Will Disputes…
Why challenge the validity of a Will?
Circumstances may arise that call into question the validity of the Will. If you are challenging a Will, you are arguing that the Will is invalid and should not be approved by the Court for a Grant of Probate. One reason that may make a Will invalid if proven is the lack of testamentary capacity of the deceased person at the time the Will was established.
What is involved in challenging a Will?
If you are considering challenging the validity of a Will, it is recommended that you seek legal advice. Klein Legal is a Sunshine Coast based litigation law firm who are experts in estate litigation and Will disputes.
Challenging the validity of a Will must be done after the date of death of the deceased and before any Grant of Probate is made by the Court. For that reason, it is important to act quickly.
If a Will is found by the Court to be invalid, then the Court may revert to an earlier Will if it exists or it might be the case that the deceased will have died intestate meaning without a valid Will.
A Grant of Probate is essentially the confirmation of the Court that a Will is the last valid Will of a deceased person. A Grant of Probate allows the Executor(s) named under the Will to collect all of the assets of the estate and distribute them according to the terms of the Will.
Other reasons a Will Dispute may arise.
Some of the reasons which you may consider challenging a Will include: –
Capacity
The deceased may not have had the necessary capacity to make the Will at the time of making the Will.
Formalities
You might challenge a Will if the Will fails to meet the formal requirements for execution of a valid Will.
Undue influence
If you believe the deceased’s Will was made while the person was under some form of undue influence or duress, you may also have grounds to challenge the validity of the Will.
Ambiguous and vague
If a benefactors’ Will is ambiguous and vague, you may consider applying to the Court deceased’s Will to be assessed by the Court.
Next Steps
The process of challenging a Will can be complex and confusing and it is important to act quickly. Our team at Klein Legal are litigation lawyers based on the Sunshine Coast and we are experts in Will disputes and estate litigation. If you or someone you know is concerned about the validity of a Will, contact us at Klein Legal today. For more information on Will Disputes please see our ‘Wills and Estates Litigation‘ article. Alternatively, if you have been appointed as an executor of a Will please see our ‘Estate Administration‘ article.
This is general information only and does not constitute legal advice.
If you or someone you know would like more information or needs help or advice about this topic, please contact us on (07) 5458 6855 or email mklein@kleinlegal.com.au