How do you contest a will?

There are a number of possible ways that a will can be contested.  The first set of circumstances in which a will can be contested are concerned with the state of mind of a person when they are making a will.  This may involve them being mentally incapcitated due to illness of the mind and being forced to sign something by the beneficiary of a will when they do not have the requisite mental fortitude to do this effectively.  It may also relate to them being drunk or so drugged at the time of the signing of the will that they could not be considered to be in charge of their faculties and so the signing is invalid.  In relation to a will, there can also be a claim of fraud which is that the signature on the will is not the signature of the testator and that someone has created a fake will in order to make themselves the beneficiary of an amount under the will.  Although this may seem unlikely, it is more common than you might think. 

Another method for contesting a will is on the basis of the family provision legislatioin in a particularly where a close family member of a testator under the will has been omitted from the will.  This means that it is possible for persons related to the deceased such as a spouse, former spouse or defacto, their children, siblings, parents or in some cases, anyone who was in a close personal relationship with the deceased.  There is also usually the requirement that the person have a need for the provision of the will.  This is the most likely objection a claim made under the family provision legislation.  If you need assistance with a will contest matter, please do not hesitate to contact us using the question box below or the contact form to the right.  Our lawyers are often available online to chat as well.