Validity of a Will
The validity of a Will is determined by basic requirements. A valid Will must be presented in writing, must be signed and dated by the person who made it and must be witnessed. If these requirements are met, the Will becomes a legally bound document.
Reasons to Challenge a Will
A Will can be challenged if the person making the will did not sufficiently understand what they were doing, they were unjustly influenced by someone who will benefit under the Will, or the Will is signed by a person who was so unwell they did not have the legal capacity to write a Will.
If you are concerned about whether a Will is valid or If you are eligible to contest a Will, seek advice quickly from an experienced Will Dispute Lawyer. In most cases it is a matter of gathering evidence from key witnesses, including medical practitioners, to enable a Court to decide whether the Will maker actually did have legal capacity to make the Will at the time it was signed and whether the Will can be legally contested.
Coercion, undue influence and elder abuse do occur in this area of law. If a person has signed a will in such circumstances, a Court has the power to set aside the Will. Will writing on behalf of someone else is considered forgery and provides a good example of why someone might contest a will.
How Do I Challenge a Will?
Kennedy Spanner's Will Dispute Lawyers have expertise in knowing what evidence is required in validating a Will, and are experienced in the procedures that follow. We can assist in the preparation of a legal Will and ensure it meets all requirements. Our Will Dispute Lawyers are also well experienced in contesting Wills, should they fail to meet the requirements necessary for a legally binding Will.
Fill out the form to book an appointment with a lawyer to begin the process of challenging the validity of a Will.
For a free initial telephone discussion with an experienced Wills and Estates Lawyer, telephone our Brisbane office (07) 3236 9169 or complete the case review form on this page.