Challenging a will is means calling into question the validity of a will. This may be because the person who made the will lacked mental capacity or knowledge of the impact of the will, or they were unduly influenced when making the will.
If you doubt the validity of the Will, then you should make this known to the executor as soon as possible after the deceased’s death and preferably prior to a Grant being obtained from the Court. You may wish to lodge a caveat against the estate to prevent the Grant being obtained without prior notification to you.
The court will consider all available evidence regarding the mental capacity of the deceased when the will was executed, and the conduct of family members or friends, as well evidence from lawyers, doctors and forensic specialists.
If you have any concerns about the validity of a loved ones will, please do not hesitate to contact our office to discuss further.