Contesting a Will

Contesting a will is a complex legal process and requires the expertise of an experienced lawyer. The law in Australia provides certain individuals with the ability to challenge a will if they can prove that it was invalid. In order to contest a will, the individual must demonstrate that the testator (deceased person) lacked testamentary capacity, or alternatively show that their wishes were not correctly followed when making the will.

Under Australian law, testamentary capacity refers to whether or not the deceased person had sufficient mental health and understanding at the time of making their will. An individual who wants to contest a will must be able to show evidence which demonstrates that this was not present when they created their last will. They may also want to  prove that the testator was subject to undue influence or did not adhere to the legal formalities when making their will.

At Strategic Lawyers, our experienced team of lawyers have extensive experience in contesting a will and can help you understand your legal rights and options. We can provide expert advice on how to proceed with challenging a will if we believe there is a valid basis for doing so. We can also provide representation throughout the entire process, from beginning to end, and ensure that your interests are protected during this difficult time. 

So if you’re considering contesting a will in Australia or need assistance with wills and estate law, contact us today to discuss your case with our specialist contested wills solicitors.