Can a will be challenged if the person lacked capacity?

General information from Lawmateanz

Yes. In Australia, a will can be challenged if the person didn't have testamentary capacity when they made it, meaning they didn't understand what a will is, what they owned, or who might expect to benefit.

A will can also be challenged for undue influence, fraud, or if it wasn't properly signed and witnessed.

Medical records, the lawyer's file notes and witness evidence are often important.

These claims can be complex and costly, so get advice early.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

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General information only. Answers are written by independent lawyers based only on what's in the question. They aren't legal advice about your situation and don't create a lawyer–client relationship. For advice about your own matter, talk to a lawyer directly.