Challenging an Invalid Will
Challenging an invalid will in Sydney, NSW
The loss of a loved one is an emotional time, and disputes over their will can add further stress. If you believe a will is invalid or does not reflect the true intentions of the deceased, you may have grounds to challenge it. At Szabo & Associates Solicitors, we specialise in assisting individuals in Sydney and across NSW with challenging invalid wills. Our experienced wills and probate lawyers are here to guide you through the legal process and protect your rights.
Contact us today for expert advice on challenging an invalid will. Let us help you achieve a fair outcome.
What Does It Mean to Challenge an Invalid Will?
Challenging a will involves disputing its validity in court. This process is distinct from contesting a will, which focuses on seeking further provision under the Succession Act 2006. A challenge to a will’s validity typically arises when there are concerns about how the will was created or executed.
Common grounds for challenging an invalid will include:
- Lack of Testamentary Capacity: The deceased did not have the mental capacity to understand the nature and effect of the will.
- Undue Influence: The deceased was coerced or pressured into making decisions that do not reflect their true wishes.
- Fraud or Forgery: The will was created under fraudulent circumstances or contains forged signatures.
- Improper Execution: The will does not meet legal requirements for signing and witnessing under NSW law.
- Revocation: The will was revoked by a later valid will or other legal means.
If successful, the court may declare the will invalid, and the estate may be distributed according to a previous valid will or intestacy laws.
Legal Requirements for a Valid Will in NSW
Under NSW law, for a will to be valid, it must:
- Be in writing.
- Be signed by the testator (the person making the will) or someone directed by them.
- Be witnessed by at least two people who are present at the same time.
- Reflect the free and informed intentions of the testator.
Failure to meet these requirements can render a will invalid, providing grounds for a legal challenge.
The Process of Challenging an Invalid Will
If you suspect that a will is invalid, it’s crucial to act quickly and seek legal advice. The process typically involves:
- Initial Consultation: Discuss your concerns with our legal team to determine whether there are grounds for challenging the will.
- Gathering Evidence: Collect documentation such as medical records, witness statements, and other relevant evidence.
- Filing a Caveat: Lodging a caveat with the Supreme Court of NSW to prevent probate from being granted until the dispute is resolved.
- Negotiation or Mediation: Attempting to resolve the dispute amicably through discussions with other parties involved.
- Court Proceedings: If no agreement is reached, presenting your case in court for a judge to decide.
At Szabo & Associates Solicitors, we provide comprehensive support throughout this process, ensuring your case is presented effectively and professionally.
The Process of Challenging an Invalid Will
If you suspect that a will is invalid, it’s crucial to act quickly and seek legal advice. The process typically involves:
- Initial Consultation: Discuss your concerns with our legal team to determine whether there are grounds for challenging the will.
- Gathering Evidence: Collect documentation such as medical records, witness statements, and other relevant evidence.
- Filing a Caveat: Lodging a caveat with the Supreme Court of NSW to prevent probate from being granted until the dispute is resolved.
- Negotiation or Mediation: Attempting to resolve the dispute amicably through discussions with other parties involved.
- Court Proceedings: If no agreement is reached, presenting your case in court for a judge to decide.
At Szabo & Associates Solicitors, we provide comprehensive support throughout this process, ensuring your case is presented effectively and professionally.
Why Choose Szabo & Associates Solicitors?
At Szabo & Associates Solicitors, we combine extensive experience with compassionate service to help clients navigate challenging estate disputes. Our team is committed to achieving fair outcomes while reducing stress during this difficult time.
Key reasons clients choose us include:
- Expertise in NSW estate law
- Transparent communication throughout your case
- Practical advice tailored to your unique circumstances
- Strong representation in negotiations and court proceedings
Contact Szabo & Associates Solicitors today for trusted advice on challenging an invalid will in Sydney.
Call us now or submit an online enquiry form to get started with your case. Let us help you protect your rights and secure justice for your loved one’s estate.
Challenging an Invalid Will FAQs
Testamentary capacity refers to the mental ability of the testator to make or amend their will. To have testamentary capacity, they must:
- Understand the nature of making a will and its effects.
- Comprehend the extent of their assets.
- Be aware of potential claims from family members or dependents.
- Make decisions free from delusions or mental illness affecting their judgment.
If there are doubts about testamentary capacity, medical records and expert testimony may be required as evidence.
There is no strict time limit for challenging a will’s validity; however, it’s essential to act promptly before probate is granted. Once probate has been issued, it becomes more difficult to dispute the validity of the will.
If a court declares a will invalid, one of two outcomes may occur:
- A previous valid will (if one exists) takes effect.
- If no earlier valid will exists, intestacy laws apply, and the estate is distributed according to statutory rules.
Our team can advise on how these outcomes may affect your situation.
Yes, it is possible to challenge specific provisions within a will if they were made under undue influence or other invalid circumstances while leaving the rest of the document intact.
Costs vary depending on factors such as case complexity and whether court proceedings are required. Legal expenses are often recoverable from the estate if your challenge is successful.
Why choose Szabo Solicitors
30 years' experience
George Szabo and our Team of Solicitors have more than 30 years of experience with contesting wills in Sydney, NSW and across other States in Australia too.
High success rate
Years of experience and dedication ensure our high success rate in contesting wills cases.
Personal service
Our personalised approach ensures exceptional service tailored to your unique needs and circumstances.
