How To Challenge A Will

Introduction

Challenging a will is a complex legal process that requires careful consideration and client-focused guidance. If you believe you have grounds to challenge a will, it is essential to seek the assistance of experienced legal professionals like Wright Street Lawyers in Adelaide, South Australia.

Grounds for Challenging a Will

Lack of Testamentary Capacity

One common ground for challenging a will is if the testator did not have the mental capacity to understand the consequences of their actions when creating the will.

Undue Influence

If there is evidence to suggest that the testator was unduly influenced by another party when making the will, it may be possible to challenge its validity.

Improper Execution

Wills must be executed in accordance with specific legal requirements. If there are issues with how the will was signed or witnessed, it could be challenged.

The Legal Process

Challenging a will involves filing a claim in the Supreme Court of South Australia. It is crucial to gather evidence and legal arguments to support your case.

FAQs

Q: How long do I have to challenge a will?

A: In South Australia, you generally have six months from the date of probate to challenge a will.

Q: Can I challenge a will if I am not a beneficiary?

A: In some cases, you may have standing to challenge a will even if you are not a named beneficiary. Consult with our experienced lawyers to assess your options.

Q: What are the potential outcomes of challenging a will?

A: If successful, a challenge to a will may result in the will being declared invalid, or certain provisions being altered to better reflect the testator’s intentions.

Consult Wright Street Lawyers in Adelaide

For client-focused legal advice and representation in challenging a will in Adelaide, South Australia, contact Wright Street Lawyers. Our team specialises in family law, estate planning, probate, and criminal defense, and we are here to help you navigate the complexities of estate disputes.

Contact Wright Street Lawyers today to schedule a consultation and protect your rights.