Welden & Coluccio Lawyers

The Estate Specialists

  • Home
  • About
  • Focus
    • Estate Planning
      • Probate
      • Estate Administration
      • Inheritance Claims
    • Superannuation & Death Benefits
    • Family Law
      • Family Law – Property Settlement
      • Family Law – Childrens Matters
    • General Commercial Drafting & Transactions
    • Conveyancing and Form 1 Preparation
  • Team
    • Greg Welden
    • Jason Coluccio
    • Maddalena Romano
    • Joanna Diamantopoulos
    • Anna Arace
  • News
  • Contact

Will Validity

What are the Common Grounds to Challenge the Validity?

Testamentary capacity of the deceased:
Dementia
Schizophrenia or paranoia

Undue influence or pressure:
Usually a family member or from people close to the deceased
Difficult to prove

The interpretation of the Will itself:
Ambiguous terms
Unclear intentions

Caveats?

Never leave a claim too late.
If an apparent valid Will is located and an executor applies for a grant of Probate it might be too late to complain about the validity of that Will afterwards.

If a grant of Probate has not been made then a caveat should be entered at the Probate Registry preventing a grant of any form being made. This will allow time for further investigations and negotiations to support the position of invalidity.

What Evidence is Required?

The Supreme Court takes into account the age, health, mental capacity, home surroundings and general environment in which the deceased was living to make an assessment as to whether the Will is valid or not.

Medical evidence is usually called from a doctor to confirm or qualify the mental capacity of the deceased and whether they could understand what they were reading and signing.

Ph: 08 7225 8703

Contact Us Now
179 Grange Road, Findon, SA 5023

PO Box 1233, Flinders Park, SA, 5025
Fax: 08 7225 8704

194A Prospect Road, Prospect, SA, 5082
Visit us on Facebook
Visit us on Twitter
Join us on Google +

Copyright © 2022 · Welden & Coluccio Lawyers · Disclaimer
· Liability limited by a scheme approved under the Professional Standards Legislation Back to top

MENU
  • Home
  • About
  • Focus
    • Estate Planning
      • Probate
      • Estate Administration
      • Inheritance Claims
    • SuperAnnuation & Death Benefits
    • General Commercial Drafting & Transactions
    • Family Law
      • Family Law Property Settlement
      • Family Law – Childrens Matters
    • Conveyancing and Form 1 Preparation
  • Team
    • Greg Welden
    • Jason Coluccio
    • Maddalena Romano
    • Joanna Diamantopoulos
    • Natalie Rossi
    • Anna Arace
  • News
  • Contact