With over 50 years of legal experience across metropolitan Sydney, The Will Challenge Lawyers, a division of Fox & Staniland Lawyers, specialise in reviewing suspicious wills. If you suspect a will was made in unfair circumstances, it can be challenged in court. We help local families and beneficiaries navigate this process and fight for justice when wills are forged or made under false pretences.
Here are some key questions to consider when reviewing a suspicious will.
What Are Forged Wills?
A forged will contains an illegally created or copied signature. If someone pretends to be the will-maker and signs legally binding documents without their permission, with the intent to deceive for financial or legal benefit, it’s a criminal offence. This has become less common over the years, but it still happens. If you can prove that a will was forged, the Court will strike it out, so it becomes null and void.
What Does Undue Influence Mean?
More frequently, we see cases of undue influence, where the will-maker is subjected to unfair pressure, coercion, or manipulation to act against their true wishes when making wills, contracts and other financial/legal decisions. When you review a will, it’s important to question whether the will-maker understood the full implications of the document and their legal signature. If you believe the estate holder was pressured to make or update their will, speak to a specialist solicitor.
What Happens if the Will Was Made Through Misunderstanding or Delusion?
Another reason why we recommend you review a will is that it may be contested if the will-maker was under a misunderstanding or a delusion. If they were led to believe certain facts, later deemed untrue, and their mistaken beliefs led them to make or alter their will in a certain way, you may have a claim. Will challenges often involve a will-maker being under pressure, forced, in fear, or overpowered, all instances of undue influence.
What Is Testamentary Capacity?
Anyone making a will must have testamentary capacity, which means a sound mind and the ability to understand:
- the purpose of the will
- the nature and extent of their assets and debts
- their relationship to intended beneficiaries
Medical evidence, digital or physical correspondence, and other documentation may be used to prove a person did not have testamentary capacity when making their will, which can persuade the court to declare it invalid.
How Can a Lawyer Help With Reviewing a Suspicious Will?
If you believe a will has been forged or made under undue influence, misunderstanding or delusion, a reputable will, estate, and inheritance dispute lawyer is a fantastic resource. Legal experts will help you review and challenge the will in line with the timelines and guidelines set forth by the Supreme Court of NSW. It’s important to gather all the evidence and have a specialist solicitor to lead you through each step of the process.
Request a Consultation With Sydney’s Experts in Suspicious Will Reviews
Need to review a will and seek justice for unfair or improper estate distribution? You can count on The Will Challenge Lawyers to provide robust legal guidance and the attention to detail your claim deserves. Contact our Sydney legal team today to discuss the next steps in reviewing a suspicious will.
