You’re worried something’s not quite right with the Will. Maybe it doesn’t feel fair. Maybe it doesn’t feel real. If you have concerns, it’s important to get advice early – your rights may depend on it.
A Will can be challenged for several reasons:
- it wasn’t properly signed or witnessed (although the Supreme Court may dispense with these requirements in some circumstances);
- it’s a forgery;
- the will-maker lacked capacity, didn’t understand what they were signing, or someone else may have pressured them.
Each situation is different. We’ll help you understand where you stand and what steps to take.
Book a consultation to get clear, tailored advice.
Recent cases
In the case of S v S, the mother of four sons made a Will leaving the whole of her estate to one of them. We acted for two of the disinherited sons. We proved that the mother was suffering from significant dementia and did not have testamentary capacity at the time that she made the Will. The Court found that the Will was invalid and the estate was therefore to be distributed in accordance with the rules of intestacy.
In the case of L v A, the deceased prepared a Will leaving the whole of his estate to his spouse. The deceased dated and had the Will witnessed but forgot to sign it himself. We persuaded the Court to dispense with the formal requirement for the deceased to sign the document and it was upheld as a valid informal Will.
Inheritance disputes
We're here when you need us most
Our team brings decades of experience and a kind, steady hand to guide you. Whether you need a little help or the whole process taken care of, we’re ready.
Unable to attend our office? We can meet by phone or video-conference.
