When can I dispute a Will?

14 September, 2012
by: Cripps Pemberton Greenish

This is the first of a series of posts providing guidance on Will disputes and disputing a Will.

Challenging a Will means alleging that one or more of the requirements for the making of a Will was not present.

For example, to be valid, a Will must be signed and witnessed and the testator (the person making the Will) must have had testamentary capacity, must have approved the contents and his or her signature must not have been procured through undue influence.

What is meant by “testamentary capacity”? This is a person’s capacity to make a Will. They must:

  • understand that they are making a Will;
  • understand the approximate value of their assets;
  • comprehend who they might wish to benefit from their estate; and
  • not be affected by a mental disorder that affects the terms of the Will.

In the next post, we will provide guidance upon what you can do if you have concerns regarding a Will and want to consider contesting a Will.

Please see our website for more information