Challenging an Invalid Will

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Challenging an invalid will in Sydney, NSW

A will serves as a legal document that outlines the deceased’s wishes regarding the distribution of their assets, guardianship of dependents, and other crucial matters. A valid will provides clarity and certainty, ensuring that the deceased’s intentions are honored and that the executor distributes the estate according to their desires. However, when a will is deemed invalid, it can lead to confusion, disputes, and potential injustice for beneficiaries.

If you suspect a will in Sydney, NSW is invalid, you may have grounds to challenge it. Our wills and probate lawyers in Sydney and NSW can assist you with determining whether a will is valid and how to challenge it if it is questionable.

Who Can Challenge a Will’s Validity

The following people can challenge the validity of a will in Syndey, NSW:

  • Spouses
  • Former spouses
  • De facto partners
  • Children
  • Grandchildren or other close individuals who lived with the deceased and were dependent on them

When You Can Challenge a Will’s Validity

You can challenge a will in Sydney if you believe the will does not reflect the deceased’s true wishes due to factors that rendered it legally unsound or it was made under suspicious circumstances. If you are questioning the validity of a will, you should retain a wills and estates probate lawyer immediately so we can file a probate caveat with the Supreme Court of NSW to delay granting probate. The main grounds for contesting a will’s validity in NSW include:

  • Lack of testamentary capacity: This occurs when the deceased lacks the mental capacity to understand the nature and consequences of their actions at the time of writing the will. Factors like dementia, severe illness, or intoxication can affect testamentary capacity. Common evidence to support this claim includes medical records or witness testimonies.
  • Undue influence: This arises when someone pressures or coerces the deceased into making a will that does not reflect their true intentions. This pressure can be physical, emotional, or financial. Evidence such as financial records can demonstrate a suspicious shift of assets.
  • Fraud or forgery: This involves a fake will entirely or a genuine will containing fraudulent alterations. You can use inconsistencies in handwriting as evidence to support such a claim.
  • Suspicious circumstances: This can occur when the deceased lacks knowledge or approval of the will’s contents. Examples of circumstances that can raise suspicion include the testator not remaining in regular contact with certain family members, a child’s disinheritance even though they were not estranged, and an unexplained change in the estate’s division. In suspicious circumstances, you must demonstrate the testator’s real intentions, showing that someone read the will to the will-maker and that they confirmed their understanding and wishes.
  • Improper execution: To be considered valid, a will must comply with specific formalities outlined in the Succession Act 2006. A court can deem it invalid if the testator improperly executed the will by not signing it or having it witnessed.

A Contesting a Will Solicitor Can Help You Challenge the Validity of a Will

Challenging an invalid will in Sydney, NSW, can be complex and time-consuming. A successful challenge requires strong and compelling evidence, making it imperative to retain the help of our wills and probate lawyers at Szabo & Associates Solicitors. Call us today at 02 9281 5088 or fill out our contact form to discuss how we can assist you in challenging a will and seeking a just outcome.

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.

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55 Holt Street
Surry Hills
NSW 2010

PO Box 282 Surry Hills

Phone 02 9281 5088
Fax 02 9281 5988

Our Wills & Estate Disputes Solicitors serve clients in communities throughout Sydney and NSW, including the Eastern Suburbs, Lower North Shore, Upper North Shore, Northern Beaches, Sutherland Shire and beyond.

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