You cannot entirely guard against challenges to the validity of a Will. However, a well written Will should provide a powerful defence against such challengers. Improperly drafted Wills can be easily challenged by those who believe they have a right to your assets, even if you didn’t wish for them to receive anything.
Situations in which a Will may be Contested
A correctly made Will is unlikely to be overturned. In most cases, the challenge questions if the document is really the Last Will and Testament of the Deceased. Such challenges can be made on the following grounds:
- A later Last Will and Testament was been made by the Deceased
- The document fails to follow the correct formalities
- The Will was revoked
- The Will was altered after it was signed
- The Will was procured via fraud or undue influence
- The Deceased did not have the mental capacity to make the Will
Challenging a valid Will – Testator Family Maintenance Claim (TFM)
Velos & Velos
will dispute lawyers Melbourne are also able to help in challenging a Will. Even if a Will is valid, there could still be space for a party to claim that they have not received adequate provision under the Will, as part of a Testator Family Maintenance Claim.