What happens when someone wants to challenge a will? Everything you need to know by DGF Morgan

If you’ve just searched for “what happens when someone wants to challenge a will?” you’re likely facing a difficult and emotional situation. At DGF Morgan, Sydney’s premier law firm for wills and estates, we specialise in helping clients navigate the complexities of challenging a will. Our extensive legal experience and client-centred approach guarantee you receive the best possible guidance and support. 

Here are seven things you should know when someone wants to challenge a will:

Understanding the grounds for contesting a will

The most important thing you should know is that there must be valid legal grounds to challenge a will successfully.

3 common reasons could include:

Lack of testamentary capacity

Arguing that the deceased did not have the mental capacity to make a valid will.

Undue influence

Asserting that the deceased was pressured or coerced into making the will.

Family provision claims

Family members or dependents feeling they have not been adequately provided for can make a family provision claim. 

Seek legal advice early

Now that you understand the legal grounds for challenging a will, it's important to act quickly if you think you have a case. We recommend seeking legal advice as soon as possible. At DGF Morgan, our experienced team can provide guidance on the strength of your case and the best course of action.

Prepare your case

Finally, gathering evidence is a critical step in contesting a will. This can include medical records, witness statements and any documents that support your claim. At DGF Morgan, we are here to support you through every step of this process. 

3 key things to take into consideration include:

• Collecting all relevant documents 
• Identifying and interviewing potential witnesses
• Consulting experts, such as medical professionals 

Potential outcomes 

Resolving a will dispute can follow different paths, with mediation and court proceedings being the primary methods. 

Mediation and settlement

Many will disputes are resolved through mediation, a less adversarial approach and more cost-effective way to reach a settlement. 

Some benefits of mediation include:

• It’s usually faster than going to court. 
• It can preserve family relationships. 
• It’s often less stressful and more private.

Court proceedings

If mediation fails, the case may go to court. This involves presenting your evidence and arguments before a judge, who will then make a decision. 

From there, the court decision could include:

• Upholding the will.
• Invalidating the entire will or specific provisions. 
• Ordering a new distribution of the state.

At DGF Morgan, we provide comprehensive estate planning services tailored to your needs. Whether you need to draft, update, or amend your Will, apply for grants of probate, administer estates, or prepare Enduring Guardianship and Power of Attorney documentation, we are here to help.

Contact Us for expert estate planning and will services, today!

Call us on (02) 9262 2077 for immediate assistance or email with your inquiry and our team will respond promptly.