If a Will is made by a Deceased person without testamentary capacity, you may contest the Will and seek that it be set aside so that an earlier Will should apply.
For a Will to be valid, it must be made by the Deceased person with testamentary capacity. For a person to have testamentary capacity, they must know what a Will is and what it does, be able to recall their assets and liabilities, and appreciate and balance the differing claims that people may have to their estate. People are now living longer and develop cognitive impairments, which can reduce the likelihood of their continued capacity to make a Will later in life. Therefore if you are named in the second last Will of a Deceased person and you believe they lacked testamentary capacity to make their last Will, you can apply to the Court to have their last Will set aside, even if the Will was made by a solicitor. We know this because our Will and Estate Lawyers were successful following a Trial in the Supreme Court whereby a client contested a Will in Brisbane made by a solicitor in Queensland.
The legal requirements to successfully contest a Will in Brisbane are similar to the laws in all others states in Australia, but the processes differ state-to-state which is why you should talk to our Brisbane-based will and estate lawyers.
Before you take any steps to contest a Will, we encourage you to speak with us because the steps required to contest a Will in Brisbane will vary depending upon whether the Supreme Court of Queensland has issued a Grant of Probate or whether the Executor is still in the process of obtaining a Grant of Probate from the Court. At The Will Dispute Lawyers, we regularly act for clients who want to contest a Will through the Supreme and District Courts of Queensland.