Validity of a Will
The validity of a Will is determined by a few 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. The Will will become a legally binding document if these requirements are met.
The validity of 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, you should seek advice quickly. In most cases, for the Court to decide if the Will maker had the legal capacity to make the Will at the time it was signed, they will need to analyse evidence from key witnesses (including medical practitioners) to determine its validity.
Coercion, undue influence and elder abuse can 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 is illegal.
The lawyers at Kennedy Spanner Toowoomba have expert knowledge in what evidence is required when 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.
Fill out the form to book an appointment with a lawyer or to begin the process of challenging the validity of a Will you have concerns with.