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Succession → Contested proceedings → Challenging the validity of a will
Overview — Challenging the validity of a will

Adrian Holmes, Principal, Adrian Holmes Lawyers

Jennifer Maher, Special Counsel, Kliger Partners (Vic)

Caite Brewer, Callinan Chambers, Barrister and Angela Cornford-Scott, Director, Cornford-Scott Lawyers (Qld)

John Hockley, Barrister, Level 23 Francis Burt Chambers (WA)

Melissa Yule, Consultant, Adelta Legal (SA)

Maria Dwyer and Christine Schokman, Senior Associates, Ogilvie Jennings Lawyers (Tas)

Andrew Freer, Director and Erin Bedford, Associate, KJB Law (ACT)

Preliminary considerations

The grounds for challenging a will include:

  • testamentary incapacity;

  • absence of knowledge and approval by the testator, including suspicious circumstances;

  • undue influence; and

  • forged will.

This guidance note explores the abovementioned grounds in further detail.

See Preliminary considerations.

What does a challenger need to do?

This guidance note identifies what actions a challenger will need to undertake in order to make a challenge and the time within which such a claim should be commenced.

See What does a challenger need to do?

Commencing proceedings

This guidance note explores the documents and evidence required when bringing such a claim.

See Commencing proceedings.




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