Challenging the Validity of a Will
Not all wills are valid.
For example, a person who suffers from dementia may not have had capacity to make a will. In that case, even though the will is signed and witnessed, the Court may declare it to be invalid.
With an aging population, we have observed this problem to be occurring more often.
If you have a concern that your parent or loved one did not have the ability to make a will, or signed a will that did not reflect their true intentions, you may be able to make an application to challenge the validity of the will. In many cases, if successful, such a challenging will result in the Court granting probate over a previous will.
Such claims, however, can be both complicated and involve questions of medical evidence. At Eastwood Law, we have successfully litigated the number of such claims and are able to provide clear initial advice concerning the likely merits of such a claim.
Some of our notable cases include: