Unfair Wills Can Be Challenged in the Courts15th December 2023
Whilst the law generally recognises a person’s right to have their Will honoured, Wills may be challenged through the Courts.
Contesting a Will
Contesting a Will or contesting the right of a person to obtain a Grant of Probate can arise in many circumstances.
The most common methods of contesting a will or contesting probate are:
- Family provision claims: This is where a person makes a claim for a greater share of the deceased's estate, on the basis that they have not been adequately provided for in the will. Learn more at our Family Provision page;
- Lack of testamentary capacity: This is where a person contests the validity of the will on the basis that the deceased did not have the mental capacity to understand the nature and effect of their will at the time it was made.
- Lack of knowledge: This is where the deceased did not know of and approve the contents of the will.
- Undue influence: This is where a person contests the validity of the will on the basis that the deceased was coerced or manipulated into making a will that did not reflect their true wishes.
- Fraudulent wills: This is where a person contests the validity of the will on the basis that it is not genuine or has been forged.
- Formal requirements: This is where a person contests the validity of the will on the basis that it does not comply with the formal requirements set out in the Succession Act 2006 (NSW).
- Revoked: This is where there is evidence the deceased's last will had been revoked.