Disputed Wills
Expertise Details

Challenging a Will Before Grant of Probate

Lodge Caveats with Court

If Grant in Common Form not yet made:

Caveat Prevents Court issuing grant of probate without first notifying person who lodged Caveat.

(1) Caveats Seeking Proof of Will in Solemn form: Can only challenge Will on Issue of Due Execution: such as concerns about forgery or doubts about whether Will properly Signed & Sealed.

(2) General caveats:
Used where doubts arise about testator's capacity to:

  1. Make will, identity of intended beneficiary,
  2. Testator's understanding of content of will or its effect,
  3. Whether deceased acted under duress or undue influence in making will,
  4. Concerns about forgery.

(3) Caveats Forbidding Grants in respect of informal documents:
Court has power to treat informal documents as Wills even if NOT properly signed or witnessed.

Thus prevents Court from making grant without First Hearing from Caveator regarding whether tinformal documents should be granted validity.

After Grant of Probate

Left out of Will or No Will

Make Application to Equity Division of Supreme Court under Family Provision Act 1982

For People not provided for in the Will.

Court can order Provision out of the estate be made for Person's Maintenance, Education or Advancement in Life: such as Wife, Husband or child of the child of the deceased, or former wife or husband.

Revocation of Grant of Probate

Where Grant of Probate in Common Form been made: Lodge Application with Court to Revoke Grant:

Grounds for Revocation limited, include:

  1. Has been made to Wrong Person (e.g. if a later will is discovered);
  2. Is Irregular (e.g. Made despite Caveat being in Force);
  3. Has become Ineffective (e.g. Where the Executor becomes Mentally Ill).

 

Act on behalf of Executor of Will

Structure Estate

Distribute Estate to Beneficiaries

Defend Challenges to the Will