What does it mean to Contest a Will?

Contesting a will is a legal process in which someone challenges the validity of a will and seeks to have its terms changed or overturned. This can be a complex and emotional process, and it is important to seek the advice of a will and estate lawyer before making any decisions.

Reasons for Contesting a Will

There are several circumstances where someone may choose to contest a will:

1. Lack of mental capacity: If the individual making the will (the "testator") did not have the mental capacity to understand what they were doing, the will may be deemed to be invalid.
2. Undue influence: If the testator was manipulated or coerced into changing their will, it may be challenged.
3. Fraud: If the testator was deceived or tricked into signing the will, it may be challenged.
4. Mistake of fact: If there is an error or mistake in the will that impacts on its validity.
5. Mental incapacity: If the testator was of an unsound mind when they signed the will.
6. Duress: If the testator was forced to sign under threat of physical or emotional harm.
7. Failure to follow legal requirements: If the testator failed to follow the necessary legal requirements when signing the will, it may be contested. This can include not signing the will in the presence of witnesses, or not signing the will with a notary public. Additionally, if the will is not properly notarised, it may not be valid.

If any of these requirements are not met, the will may be invalid and the testator's estate will be distributed in accordance with the intestacy laws.

Steps to Contesting a Will

The process for contesting a will may vary depending on the relevant laws and specific circumstances. However, here are some general steps to consider:

1. Seek legal advice: It is advisable to consult with a will and estate lawyer to understand the legal options and potential outcomes.
2. Gather evidence: This may include financial records, witness statements, and any other supporting documents that can help prove your case.
3. File a petition: The contesting party will need to formally initiate the legal process by filing a petition in the appropriate court.
4. Serve notice: The contesting party will need to serve the will executor and any other relevant parties with a copy of the petition and legal notice.
5. Attend court hearings: The contesting party may be required to attend court hearings to present their evidence and arguments.
6. Appeal if necessary: If the court decides in favour of the contesting party, they may have the right to appeal the decision to a higher court.

Contesting a will is a complex and often overwhelming process. It is essential to consult with an experienced will and estate lawyer in Chatswood who can provide guidance and advice on the best course of action.

TY Lawyers can guide you through the phases of will writing and disputes, whether you need a property lawyer in Chatswood or a will and estate lawyer in your local area. To learn more about TY Lawyers in Chatswood, please visit our website here.