Invalid Wills Lawyers Sydney

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If you have concerns about the validity of a Will, expert legal advice can protect your interests and the wishes of your loved one.

When a Will does not meet the legal requirements, or was made in circumstances that call it into question, it may be invalid. An invalid Will can cause significant uncertainty, delay, and conflict for the family left behind. At V.S. George Lawyers, our wills and estates lawyers advise both beneficiaries who wish to challenge a Will and executors who need to defend one, with clear guidance every step of the way.

What Makes a Will Invalid in NSW?

A Will must meet strict requirements under the Succession Act 2006 (NSW) to be legally valid. A Will may be invalid where:

The will-maker lacked mental capacity when the Will was signed.
The will-maker was subject to undue influence, pressure, or coercion.
The Will was fraudulent or forged.
The Will was not properly signed and witnessed as the law requires.
The will-maker did not know or approve of the contents of the Will.

Many of these problems can be avoided with proper legal advice, which is one reason we caution against DIY Wills, where small errors in signing or wording often lead to disputes.

Testamentary Capacity and Undue Influence

Two of the most common grounds for challenging a Will relate to the state of mind of the will-maker.

Testamentary Capacity: The will-maker must understand the nature of making a Will, the extent of their assets, and the people who might reasonably expect to benefit. Conditions such as dementia or serious illness can raise questions about capacity.

Undue Influence: This is a claim that the will-maker was coerced or improperly pressured into making the Will, so that it does not reflect their genuine wishes. Proving undue influence requires strong evidence.

Challenging a Will Versus Making a Family Provision Claim

It is important to understand the difference between challenging a Will’s validity and making a family provision claim. If you have been left out of a Will or not adequately provided for, you may be able to bring a family provision claim instead. We explain both pathways in our guide to contesting a Will in Australia, and can advise on whether you meet the eligibility requirements for a family provision claim.

What Happens if a Will Is Found Invalid?

If a Will is declared invalid, the estate is dealt with under the previous valid Will, if one exists. If there is no earlier Will, the estate is distributed according to the intestacy rules in the Succession Act 2006 (NSW). This makes it essential to act carefully and take advice before challenging or defending a Will.

How V.S. George Lawyers Can Help

If you are questioning a Will, or defending one, our team will:

Assess the strength of a validity challenge before you commit to proceedings.
Gather the medical records, solicitor files, and witness evidence the case turns on.
Advise executors on their duty to uphold the Will and how to respond to a challenge.
Move quickly to protect estate assets before they are distributed.
Represent you in negotiations, mediation, and Supreme Court proceedings.

Speak with an Invalid Wills Lawyer in Sydney

Whether you are questioning a Will or defending one, our team provides clear, strategic advice, gathers the necessary evidence, and represents your interests in negotiations, mediation, or court.

Ready to speak with our team? Visit our contact page or call 02 9150 6991 to arrange a confidential discussion.

FAQs

What makes a will invalid in NSW?

A will can be invalid if the will-maker lacked mental capacity at the time of signing, was subject to undue influence or coercion, or if the will was fraudulent or forged. It may also be invalid if it was not properly signed and witnessed in accordance with the Succession Act 2006 (NSW), or if the will-maker did not know or approve of its contents.

What are the grounds to contest a will in NSW?

There are two separate processes. You can challenge a will’s validity on grounds such as lack of capacity, undue influence, or improper execution. Alternatively, you can make a family provision claim under the Succession Act 2006 (NSW) if the will fails to make adequate provision for you as an eligible person. Each has different requirements and time limits.

Who can contest a will in NSW?

To challenge a will’s validity, you must have a legal interest in the estate, such as being named in the will, a prior will, or being entitled under intestacy. To make a family provision claim, you must be an eligible person under section 57 of the Succession Act 2006 (NSW), which includes spouses, de facto partners, children, former spouses, grandchildren, financially dependent household members, and persons in a close personal relationship with the deceased at the time of death.

Is there a time limit to contest a will in NSW?

For family provision claims, section 58 of the Succession Act 2006 (NSW) requires you to file within 12 months of the date of death. Courts can extend this in exceptional circumstances. Challenges to a will’s validity have no strict statutory time limit, but acting promptly is always advisable, particularly before assets are distributed.

Can you contest a will after probate in NSW?

Yes, but it becomes significantly more complex once probate is granted and assets have been distributed. It is always preferable to raise a challenge before probate is granted. If you have concerns about a will, seek legal advice as early as possible.

How much does it cost to contest a will in NSW?

Costs depend on the complexity of the dispute and whether it resolves at mediation or proceeds to a court hearing. If a family provision claim succeeds, legal costs are generally paid from the estate. If unsuccessful, you may be liable for your own costs and the estate’s costs. Your solicitor should provide a cost estimate before you proceed.