Scroll for more

down-arrow-icon
disputed will wills lawyer estate planning administration law

When is a Will a Will?

I recently read with interest a news article about a woman who tried to claim a share of her secret lover’s multimillion dollar estate. Her claim was based on a document which she alleged was the deceased’s last Will, which left her all of his $3.4 million Estate.

Suspicions about the “Will”

The woman’s claim failed on a number of grounds, but in particular the Court considered the content of the document she produced. The Court considered the following aspects of the document “suspicious”:

  1. The deceased’s name was hand written on the document, but not signed;
  2. The deceased’s middle name was misspelt;
  3. The solicitor who allegedly prepared the Will has since died and there was no record of preparing the Will found at his office.

The Court also considered that the deceased’s nephew, who said he visited the deceased every day, had never heard of the woman.

What does a Court consider when looking at a disputed Will?

When the preparation or content of a Will is in dispute, the Court will consider each document on a case by case basis. There are, however, things the Court will usually consider, including:

  1. Whether the Will was witnessed, and by whom;
  2. Whether the deceased had the capacity to make a Will;
  3. Whether the Will which is claimed to be the most current Will is significantly different from an earlier version, and the reasons for the differences;
  4. The circumstances in which the Will was made, including whether there were any beneficiaries in the room at the time instructions were given and whether there is any evidence that the Will was made under duress; and
  5. Who prepared the Will, and whether they are able to be questioned about its preparation.

If you feel that there is uncertainty about the preparation or content of a Will, or you wish to contest a Will, you should contact an experienced estate administration lawyer. Please contact me if you would like advice or assistance regarding a disputed will.

Share to your network

The information provided in this article is for general information and educative purposes in summary form on legal topics which is current at the time it is published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Whilst every care has been taken in the preparation of this article, Wills, Estates and Probate Lawyers (WEP Lawyers) cannot accept responsibility for any errors, including those caused by negligence, in the material. We make no representations, statements or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website. WEP Lawyers does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained in this article. Links to third party websites or articles does not constitute any endorsement or approval of those sites or the owners of those sites. Nothing in this article should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third-party content. WEP Lawyers disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way. Appropriate legal advice should always be obtained in actual situations.

Subscribe to our Newsletter

Subscribe to our newsletter to get updates on everything Wills, Estates and Probate.

Written by—

Chloe Kopilovic

Call 07 3035 4077 to speak with our team now