Common Will Disputes in Victoria

One of the most challenging issues in probate is a dispute over the validity of the will. In such cases, you and your family may face bitter and costly litigation that can delay the process for months or even years. If there is a dispute regarding a will, you need immediate assistance from our dedicated will litigation lawyers.

Common will disputes in Victoria include disagreements about inheritance, guardianship, or the distribution of assets. Our skilled attorneys at Texas Will Contests, JV, can negotiate with the other parties or, if necessary, litigate the case in court. Contact us today to schedule your initial consultation.

What Is Lack of Testamentary Capacity?

Lack of testamentary capacity is a common basis for contesting a will in Victoria. This term applies when someone believes the testator did not have the mental ability to understand the nature and consequences of their actions when they signed their will. To have capacity, the testator must generally understand the extent of their property, their natural beneficiaries, and the legal effect of signing a will.

An individual may challenge a will if the testator had dementia, Alzheimer’s, a severe mental illness, or another condition that impaired their judgment. Courts will consider medical records, witness testimony, and expert evaluations to determine whether the testator had sufficient understanding to create their will. Even a temporary lapse in capacity can affect the validity of a will if it occurred when the testator signed it.

Successfully proving a lack of capacity can invalidate all or part of a will, in which case a previous valid will or intestacy law (the law that applies when someone does not have a will) applies. Our skilled attorneys know how to handle the details of typical probate challenges and can advise you on how to proceed.

What Is Undue Influence?

The decedent may not have made decisions about their will and beneficiaries of their own free will. Someone, either inside or outside the family, may have exerted pressure on the testator. That person may have contrived an outcome that favored themselves, leaving others with a smaller inheritance or nothing at all.

This is referred to as undue influence, and courts assess warning signs, such as sudden changes in the testator’s will or the testator’s isolation from other family members. The court also analyzes the relationship between the testator and the party exerting influence, including the power dynamic between them. Our experienced lawyers understand this classic type of will dispute and can present a strong case to the Victoria courts.

Fraud or Forgery

Fraud or forgery is another frequent basis for contesting a will in Victoria. Fraud occurs when someone intentionally misleads or deceives the testator to influence their decision to sign their will. This includes making false statements about beneficiaries or manipulating the testator into signing a will.

Forgery, on the other hand, involves falsifying the testator’s signature or altering the will without the testator’s knowledge or consent. Both fraud and forgery undermine the testator’s true intent and can render a will invalid.

Courts examine evidence such as handwriting analysis, witness testimony, and the circumstances surrounding the signing of the will. Successfully proving fraud or forgery can lead the court to void the will. When this happens, a prior valid will or state intestacy law will govern the distribution of assets. Our attorneys’ support can be invaluable in handling claims such as these.

Contact Our Victoria Legal Team About Typical Reasons To Contest a Will

If you believe a loved one’s will was the result of fraud, forgery, or lack of testamentary capacity, or if you are defending the validity of a will, our experienced legal team at Texas Will Contests, JV, has handled all the common will disputes in Victoria and is here to help. We understand the emotional and financial stakes involved in challenging or defending a will, and we work hard to protect your rights and your family’s legacy. Contact us today for a free consultation to discuss your case and explore your legal options.