Disputes over the Grant of Probates

The application for probate by an executor of a will can be contested. For example if the validity of the will is challenged, probate will not be granted and will be held up until after the dispute has been resolved.

The validity of a will can be challenged in a number of ways, including allegations that it has not been executed properly or that the deceased was pressured into making the will.

Probate can also be held up if the appointment of the executor is challenged.

In the future, we will be covering the following topics:

What if I think that the deceased was not of sound mind at the time of making the will?

Written by Terry Johansson | 13th September 2013

A testator must be of sound mind, or have had “capacity” at the time of executing their Will. To have “capacity” means that the testator understands at the time of giving instructions to their solicitor and/or upon execution of their Will, the nature of what they are doing, the content...

Challenging a Will: can the validity of a Will be challenged?

Written by Terry Johansson | 13th September 2013

Yes. In order for a Will to be valid, it must comply with certain legal requirements. These requirements will vary from State to State. If the validity of a Will is challenged in any way, the executor’s application for Probate will be withheld until the dispute is resolved, usually by...

What if I think that the Will is a fake or the testator’s signature was forged?

Written by Terry Johansson | 13th September 2013

A fake Will or one where the testator’s signature has been forged will obviously fail to meet the legal requirements of a Will. Forgery is a criminal offence and criminal charges may be brought against the forger if their identity is known. A court can make a finding that a...