For a will to be valid, the will maker must have had testamentary capacity at the time the will was made. Testamentary capacity is he ability to understand what it means to create a will, the assets they own and are leaving to others, and the people who could make a claim to the estate. To have testamentary capacity, a will maker must not be affected by a mental disorder which
influences the choices they make in disposing their assets in a will. Potential beneficiaries can contest a will if they can prove that the will maker did not have testamentary capacity at the time it was made.
If an individual assisted the will-maker in drafting the will also stood to gain from the estate, other beneficiaries may argue that this party influenced the will-maker. If a will-maker was coerced, the potential beneficiaries can contest the will. However, coercion is often difficult to prove.
Breach of trust by an executor or trustee
Trustees and executors must comply with a range of duties. If a beneficiary believes that the trustee or executor of a will has administered an estate improperly, they may be able to ask the Court to remove the trustee or beneficiary, or seek compensation.
If you’re contesting a will or require assistance in defending an estate, contact us an firstname.lastname@example.org or call us on (02) 0429 7002.