What's happening?
A will validity dispute concerns whether a document purporting to be a person's will is actually legally valid, rather than a dispute over the fairness of its terms. Common grounds include concerns about whether the will was properly signed and witnessed, whether the deceased had the mental capacity to make a will, or whether the will reflects a later document that should take precedence.
What could it mean for me?
- A successful challenge can result in an earlier will, or the intestacy rules, applying instead
- Evidence of the deceased's capacity and circumstances at the time the will was made is often central to these disputes
- Will validity disputes can be complex and may involve medical or witness evidence
- These disputes can delay the administration of the estate while the issue is resolved
What are my options?
- Gather evidence relevant to the will's execution and the deceased's capacity at the time
- Consider whether an earlier valid will exists that would apply if the later will is found invalid
- Explore whether the dispute can be resolved through negotiation before formal proceedings
- Pursue or defend the matter through the Supreme Court of NSW if required
What happens next?
- We assess the grounds for the dispute and the available evidence
- We obtain relevant medical, witness or solicitor's file evidence where appropriate
- We attempt to resolve the matter through negotiation where possible
- We represent you in Supreme Court proceedings if the dispute cannot be resolved
How can MGE Lawyers help?
We advise clients on both sides of will validity disputes, whether challenging a will's validity or defending an estate against such a challenge, drawing on relevant evidence to support the case.