Wills and inheritance planning

29 May 2012

Challenges to the validity of wills: beware of “homemade Wills”

Challenges to the validity of Wills are becoming more frequent, particularly in relation to homemade Wills and Wills not drafted by professionals. The most common challenges centre around allegations that the testator lacked testamentary capacity; was being placed under undue influence; or fraud.  However, recent cases have also shown claimants will increasingly seek declarations that a Will is invalid on the grounds of “want of knowledge and approval”.

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