Contesting a will can be a complex and emotionally charged process. Understanding the common reasons for disputes can help you navigate this challenging terrain. The Will Challenge Lawyers go over the top five reasons people challenge wills in Sydney.
Lack of Testamentary Capacity
One of the primary reasons for challenging wills in Sydney is the claim that the deceased lacked the mental capacity to make a valid will. Testamentary capacity refers to the ability of the will-maker to understand the nature of their actions, the extent of their assets, and the claims of those who might expect to benefit from their estate. If it’s believed that the deceased was suffering from dementia, mental illness, or severe cognitive impairment at the time the will was made, it could be grounds for a contest.
Undue Influence or Coercion
Undue influence occurs when the deceased is pressured or coerced into making or changing their will in a way that does not reflect their true intentions. This is often a concern when there is evidence that someone close to the will-maker, such as a caregiver or family member, manipulated them for personal gain. Proving undue influence often requires the assistance of contested wills lawyers in Sydney, to demonstrate that the pressure applied was sufficient to overpower the will-maker’s free will.
Fraud or Forgery
Allegations of fraud or forgery can also lead to challenging wills in Sydney. This can occur if it’s suspected that the will has been tampered with, signatures have been forged, or the will-maker was deceived into signing a document they did not understand. Evidence of fraud can be particularly challenging to gather but is a serious claim that can invalidate a will.
Failure to Meet Legal Requirements
For a will to be valid in Sydney, it must meet specific legal requirements as per the Succession Act 2006. This includes being in writing, signed by the will-maker in the presence of two witnesses, and those witnesses must also sign the document. If these formalities are not adhered to, the will may be contested and deemed invalid.
Family Provision Claims
Under the Family Provision Act 1982, certain family members and dependents who feel they have been inadequately provided for in a will can contest it and seek advice from contested wills lawyers in Sydney. This is a common reason for disputes, as it allows children, spouses, and other dependents to seek a more significant share of the estate if they can demonstrate financial need or unfair treatment.
Navigating the legal landscape of contesting a will requires a thorough understanding of these grounds and often the assistance of contested wills lawyers in Sydney.
If you believe you have a valid reason to contest a will in Sydney, consult with The Will Challenge Lawyers, we are committed to providing clarity and guiding you through the process.
