Do you have concerns about the validity of a loved one’s will? You may be able to challenge probate being granted with respect to the will in the Supreme Court of NSW if you have a legitimate interest.

Who can challenge a loved one’s will?

You can challenge probate being granted in respect to a deceased person’s will if you are:

• A beneficiary who was named by a previous will from the deceased
• A beneficiary named in the current will

Here are some reasons why you may wish to contest a loved one’s will:

• It was not the final will written by the deceased
• Your loved one lacked testamentary capacity at the time the will was written
• Your loved one did not have knowledge or give approval of the will
• You believe the will was a forgery, or was made under undue influence or pressure from others
• The will was not executed in accordance with relevant legislation
• Your loved one revoked the will

When can you contest a will?

Given that probate is based on the presumptions that the will is valid and reflects the deceased’s testamentary wishes, it is best to challenge the will before probate is granted.

Do you wish to challenge a loved one’s will? To discuss next steps and possible outcomes,

book an initial consultation with Lane Legal today. Call +61 2 9477 1500 or email jlane@lanelegal.com.au.