If a loved one has passed away and you were left out of the will or given an unreasonably small portion, you may be legally entitled to claim more through a will challenge. That’s where the reputable legal team at The Will Challenge Lawyers can help. We have 50+ years of experience challenging wills in Sydney and have helped countless clients put together successful claims to get justice in will disputes.
In this post, we look at the role of medical evidence when you challenge a will, and how this may be the key to getting what you rightfully deserve.
What Does Medical Evidence Mean for Will Challenges?
During a will challenge, courts often hear expert testimony and review detailed medical histories to evaluate an individual’s mental state while preparing their will. One way to challenge a will is to dispute its validity on the grounds of incapacity arising from health conditions. Lawyers help put together medical evidence to show that the will-maker was suffering from substance abuse, dementia, psychosis, or other neurological conditions that may have impaired their judgment.
When Is Medical Evidence Necessary to Challenge a Will?
For successful claims against deceased estates, it’s not enough to just share the person’s medical diagnosis. You need proof that the health condition impaired their comprehension of the will’s implications, including beneficiaries and assets. Capacity assessments, doctor reports, and witness testimony may all be used to demonstrate delusions or changes in capacity that affected will preparation.
What Is Testamentary Capacity?
Testamentary capacity refers to an individual’s legal and mental ability to make or alter a valid will. With testamentary capacity, the person must understand the nature of their will, the value of their assets, and recognise potential claimants. Mental health concerns, memory loss, confusion, and physical pain may all affect capacity, which is why medical evidence can be key to challenging an unfair will.
Who Can Challenge a Will Based on Medical Evidence?
The list of people who may be eligible to challenge a will includes:
- Children of the deceased
- Current or former spouses of the deceased
- Children of the deceased’s spouse (stepchildren)
- Grandchildren of the deceased or members of the household
- People who were partially or fully dependent on the deceased
If there are concerns about one’s testamentary capacity, the will could be open to a challenge by one of the above claimants.
What’s the Process for Challenging Wills in Sydney?
If you would like to challenge an unfair will and seek to invalidate the document, it’s best to contact a reputable will, estate, and inheritance dispute lawyer as soon as possible. There are strict time limits in place for challenging wills, and if claims are delayed and assets are already distributed, it makes the process more difficult, although not impossible. An experienced lawyer will review your eligibility and determine all the relevant evidence for your claim.
Contact The Will Challenge Lawyers in Sydney Today
If you feel medical evidence could support your will challenge, our knowledgeable lawyers can walk you through each step toward a successful claim. The Will Challenge Lawyers is a division of Fox & Staniland Lawyers in Sydney, established over 50 years ago, and we advise on a range of will, estate, and inheritance disputes. Request a consultation to review your case and fight for what’s right.
