Contesting a Will

If someone is not happy with a Will, either as a beneficiary or because they have not been included as a beneficiary, they are able to contest the Will. A Will can be contested when:

  • There was a lack of testamentary capacity (the testator was not of sound mind at the time of making the Will; they did not understand they were making a Will or the effects of doing so; they did not know the value or their estate; they did not know the consequences of including or excluding a beneficiary)
  • The Will was fraudulent or forged
  • The testator was placed under undue influence or duress in making the Will
  • The Will was not validly executed
  • The testator was not aware of the Will or did not approve the Will
  • Rectification of a Will not drafted in accordance with the testator’s instructions due to human error or a misunderstanding of the instructions
  • Construction claim where the wording of the Will is ambiguous.

If you wish to contest a Will and believe any of the above grounds apply then our expert lawyers will help you understand if you are able to contest the Will and will guide you through the procedures for doing so.

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