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You Have the Right to Challenge a Suspicious Will
If you believe that the Deceased did not understand the effect
of the Will they signed or did not understand what they were
doing when they signed it, you may be able to challenge that
Will on the basis that the Deceased did not have "testamentary
capacity".
To have "testamentary capacity", the Deceased must have "sound
mind, memory and understanding" when they signed their Will.
This means that the Deceased must have been able to understand:
What the Will was and what its legal function was to be;
The nature and extent of their assets and liabilities; and
The potential claims that people such as you may have had
against their Estate.
In our experience, a Will maybe suspicious if:
Alzheimer's Disease or Dementia is listed as a cause of death of
the Death Certificate;
The Will was executed at a nursing home or hospital shortly
before the Deceased's death;
The Will is prepared by someone who takes a benefit under it; or
The Will is prepared at the request of someone who takes a
benefit under it.
If the circumstances surrounding the making of a Will include
any of these factors, it may be deemed to have been created in
suspicious circumstances and a Court may rule the Will invalid.
If you are concerned that a Will may have been made in
suspicious circumstances you must act quickly to ensure
that the Estate is not administered or your rights will be lost.
Where to now?
Speak to the Estate Lawyers
Often the best way to get the answers you need is to speak to
the Estate Lawyers.
Click here to contact one
of our Estate Lawyers via our contact form or please call us on
1300 368 255.
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