In order for a Will to be valid, it must meet the following requirements:

1. It must be in writing;
2. Signed by the testator or by some other person in their presence and by their direction;
3. The testator’s intention to give effect to the Will is clear through their signature; and
4. The testator’s signature is made/acknowledged in the presence of at least 2 witnesses.

Individuals, or organisations such as charities, can contest the validity of a deceased person’s Will if they have a direct legal interest in that person’s estate, including beneficiaries, those named in an earlier Will, financial dependants, or those who would have inherited under the rules of intestacy.

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There are several grounds to contest the validity of a Will, including:

1. Undue influence;
2. Lack of testamentary capacity;
3. Lack of knowledge/approval;
4. Invalid execution; and
5. Fraud.

Our experienced team is able to assist you in challenging a Will on the above grounds, as well as offer assistance and support to executors and beneficiaries faced with such challenges brought against an estate.