Challenge a Will (Validity) Lawyers in Sydney & NSW
- Expertly challenging the validity of a Will.
- Strategic advice on will fraud & undue influence.
- Protecting your rights as a rightful beneficiary.
- Guidance through complex will validity disputes.
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Experienced Lawyers Challenging Wills for:
Disinherited Family Members
Providing expert legal advice for children, spouses, and other family members who were unfairly removed from a Will under suspicious circumstances.
Disinherited Family Members
Beneficiaries of a Prior Will
Assisting beneficiaries of an earlier, valid Will to challenge a newer, suspicious Will that has replaced their rightful inheritance.
Beneficiaries of a Prior Will
Concerned Relatives of Vulnerable Persons
Representing those concerned that an elderly or vulnerable loved one was coerced or lacked capacity when making their final Will.
Concerned Relatives of Vulnerable Persons
Those Unfairly Excluded
Assisting close friends, carers, or dependents who believe the deceased's Will was procured by fraud or undue influence, excluding them unfairly.
Those Unfairly Excluded
Executors Questioning Validity
Advising Executors who hold doubts about the validity of the Will they are tasked to administer due to suspicious circumstances.
Executors Questioning Validity
Challenging a Will's Validity: Our Areas of Expertise
Testamentary Capacity
Challenging a Will on the basis that the will-maker lacked the mental capacity to understand the document or their assets at the time of signing.
Undue Influence
Investigating and challenging Wills where the will-maker was coerced or pressured, resulting in a document that does not reflect their true wishes.
Lack of Knowledge & Approval
Handling cases where the will-maker may not have known or approved of the specific contents of the Will they signed due to suspicious circumstances.
Will Forgery
Expertly managing challenges where a Will or the signature on it is suspected to be a forgery, often requiring specialist handwriting evidence.
Will Fraud
Pursuing claims where the will-maker was intentionally misled or deceived into signing a Will, for example, by being told it was another type of document.
Invalid Will Execution
Challenging Wills that were not signed or witnessed correctly according to the strict legal formalities required by NSW law, rendering them invalid.
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Our Process for Challenging a Will
1
Initial Consultation & Case Assessment
We begin with a detailed consultation to assess the Will’s circumstances and advise on the viability of your validity challenge.
Initial Consultation & Case Assessment
We start with a detailed consultation to assess the circumstances surrounding the Will and advise on the strength and viability of your validity challenge.
2
Evidence Gathering & Lodging a Caveat
We assist in gathering crucial evidence and, where appropriate, can lodge a probate caveat with the Supreme Court to prevent a grant of probate.
Evidence Gathering & Lodging a Caveat
We assist in gathering crucial evidence and, where appropriate, can lodge a probate caveat with the Supreme Court to prevent a grant of probate.
3
Negotiation with the Estate
Our lawyers communicate your challenge to the executor, presenting the grounds for invalidity and seeking to resolve the dispute through negotiation.
Negotiation with the Estate
Our lawyers communicate your challenge to the executor, presenting the grounds for invalidity and seeking to resolve the dispute through negotiation.
4
Supreme Court Proceedings
If unresolved, we provide robust representation in the Supreme Court, meticulously preparing your case to have the Will declared invalid.
Supreme Court Proceedings
If unresolved, we provide robust representation in the Supreme Court, meticulously preparing your case to have the Will declared invalid.
Rated 5-Star By Our Clients
Why Clients Choose Us
Experience in Will Validity
Our lawyers have extensive experience specifically in challenging the validity of Wills on grounds of incapacity, undue influence, and fraud.
Experience in Will Validity
Our lawyers have extensive experience specifically in challenging the validity of Wills on grounds of incapacity, undue influence, and fraud.
Strategic Case Assessment
We provide an honest and thorough assessment of your case, advising on the strength of your claim and the best legal strategy to pursue.
Strategic Case Assessment
We provide an honest and thorough assessment of your case, advising on the strength of your claim and the best legal strategy to pursue.
Dedicated Legal Advocacy
We offer fierce representation, meticulously building your case with strong evidence to effectively argue for the Will to be declared invalid.
Dedicated Legal Advocacy
We offer fierce representation, meticulously building your case with strong evidence to effectively argue for the Will to be declared invalid.
Focus on a Just Outcome
We are committed to protecting your rights as a beneficiary, ensuring the true intentions of the deceased are honoured and a just result is achieved.
Focus on a Just Outcome
We are committed to protecting your rights as a beneficiary, ensuring the true intentions of the deceased are honoured and a just result is achieved.
Speak to us Now or Request a Consultation.
Challenging the Validity of a Will
Challenging a Will means questioning if the document itself is legally sound and truly represents the final wishes of the deceased. This is distinct from a family provision claim, which argues for a larger share from a valid Will. A validity challenge asserts that the Will should be disregarded entirely.
The most common grounds for a challenge include a lack of testamentary capacity (the person was not of sound mind), that they were subject to undue influence or coercion, or that the Will is a forgery or was procured by fraud. Proving these grounds requires strong evidence and expert legal argument.
Eligibility & First Steps to Challenge a Will
To challenge a Will’s validity, you must have a legal interest in the estate. This typically means you are a beneficiary in the current Will, were a beneficiary in a previous Will, or would be entitled to inherit if the person had died without any Will (intestate).
The first crucial step is often to lodge a probate caveat with the Supreme Court of NSW. This prevents the executor from obtaining a grant of probate and distributing the estate assets while the validity of the Will is investigated. Seeking timely legal advice is essential to protect your position and navigate this complex process.
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How Can Our Expert NSW Wills & Estate Lawyers Help?
Wills Drafting & Review
Crafting & updating clear, legally sound Australian wills to ensure your specific wishes for your domestic assets are documented & protected & more…
Wills Drafting & Review
Domestic Estate Planning
Developing tailored Australian estate plans to safeguard domestic assets, minimise tax, & provide for your loved ones effectively & more…
Domestic Estate Planning
International Estate Planning
Expert advice on cross-border estate planning, international wills & trusts, managing overseas assets & navigating tax-efficient wealth transfer strategies & more…
International Estate Planning
Challenging a Will
(Validity Issues)
(Validity Issues)
Expertly challenging the validity of a will based on grounds like undue influence, lack of testamentary capacity, suspicious circumstances, or fraud & more…
Challenging a Will
(Validity Issues)
Contesting a Will
(Family Provision Claims)
(Family Provision Claims)
Assisting eligible persons to contest a will for adequate provision under the Succession Act 2006 (NSW), navigating negotiations & court claims for a fair share & more…
Contesting a Will
(Family Provision Claims)
Defending a Will
Representing executors & beneficiaries in defending the validity of a will against challenges or defending against family provision claims & more…
Defending a Will
Grant of Probate
Guiding Executors through the Supreme Court process to obtain a Grant of Probate, which officially validates the Will and authorises them to act.
Grant of Probate
Appointment of Enduring Power of Attorney
Preparing essential enduring powers of attorney to appoint trusted individuals for your critical financial & legal decisions if you lose capacity & more…
Appointment of Enduring Power of Attorney
Appointment of Enduring Guardian
Drafting appointments of enduring guardians to make crucial personal, lifestyle & healthcare decisions on your behalf if you’re unable & more…
Appointment of Enduring Guardian
Testamentary Trusts
Establishing effective testamentary trusts within your will for asset protection, tax benefits, and flexible provision for beneficiaries & more…
Testamentary Trusts
Intestacy Law & Advice
Guiding families through the complexities of intestacy when a loved one dies without a valid will, ensuring legal distribution of assets & more…
Intestacy Law & Advice
Letters of Administration
Resolving disputes between executors, administrators, or beneficiaries regarding the management & administration of a deceased estate & more…
Letters of Administration
Administration of Estate
Assisting Executors with the administration of deceased estates, ensuring the lawful and efficient collection, management, distribution of assets & more…
Administration of Estate
Advance Care Directive
Drafting clear and legally sound directives to outline your future medical treatment and end-of-life care wishes & more…
Advance Care Directive
Special Disability Trusts
Establishing specialised trusts to provide for the long-term care and financial security of a loved one with a severe disability & more…
Special Disability Trusts
Challenging a Will (Validity) FAQs
What does it mean to challenge a Will?
Challenging a Will means you are questioning its legal validity. You are arguing that the document itself is flawed and should not be considered the true last testament of the deceased.
What is the difference between challenging and contesting a Will?
Challenging a Will disputes its validity (e.g., claiming it’s a forgery or the maker lacked capacity). Contesting a Will (a family provision claim) accepts the Will is valid but argues it fails to make adequate provision for a particular person.
Who can challenge the validity of a Will?
Generally, you can challenge a Will if you have a legal interest in the outcome. This typically includes beneficiaries named in the current or a previous Will, or those who would inherit if the person died intestate (without any Will).
What are the main grounds for challenging a Will's validity?
The most common grounds are: the will-maker lacked testamentary capacity (was not of sound mind), was subject to undue influence or coercion, the Will is a forgery, or the will-maker did not know and approve of its contents.
How do you prove a will-maker lacked testamentary capacity?
You must show that at the time of signing, the will-maker did not understand the nature of a Will, the extent of their assets, or their moral obligations to potential beneficiaries, often due to conditions like dementia or delusion.
What is "undue influence" in a Will challenge?
Undue influence means proving the will-maker was coerced to such an extent that the Will reflects the influencer’s wishes, not their own. This requires evidence of more than just pressure or persuasion.
Is there a time limit to challenge the validity of a Will?
There is no strict statutory time limit for challenging a Will’s validity. However, it is crucial to act as soon as possible, preferably before a grant of probate is issued, as delays can complicate proceedings and the recovery of assets.
What happens if a Will is successfully challenged and found to be invalid?
If a Will is declared invalid, the court will then look for a previous valid Will. If one exists, the estate is distributed according to that earlier Will. If there is no earlier valid Will, the estate is distributed according to the laws of intestacy.
Who pays the legal costs in a Will challenge?
The court has discretion over legal costs. If a challenge is reasonable and justifiable, the court may order that the legal costs for all parties are paid from the deceased’s estate. However, this is not guaranteed.
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