Challenging the Validity of a Will / Solemn Form Probate

Challenging the validity of a will is seeking to overturn the entirety of the last will (or wills) – if successful, the outcome would be disregarding the invalid will and so reverting to the next most recent valid will, or if there is none, the intestacy rules.  This differs from contesting the terms of a will (also known as family provision) – see Contesting a Will (Family Provision) for more information on this topic.

Challenging the validity of the will involves demonstration that the last will is not valid, which can be established in circumstances such as:

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• Where the will maker did not have the necessary mental capacity to make the will (also known as a lack of ‘testamentary capacity’).  This can occur where the will maker couldn’t properly understand the nature and effect of making a will and their close relationships.  This can occur due to mind-altering illnesses such as dementia or Alzheimer’s disease, suffering from delusions, or being on strong, mind-altering medications or drugs that might affect the will maker’s memory or understanding;

• The will maker was being subjected to undue influence or duress at the time of making the will;

• The will was made without proper knowledge and approval by the will maker;

• Fraud.

If you are concerned that you’ve been disadvantaged because of the effects of a suspicious will, then it is critical that you get legal advice as early as possible in order to protect your interests – it can be too late to do anything if the will is admitted to probate, or if the estate has been administered and distributed.  If you are concerned about a potentially invalid will, contact us today for a free 15-minute telephone discussion regarding the will and your rights to challenge it.