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No Contest Will Clause FAQ

A will can also be declared invalid if someone proves in court that it was procured by undue influence. This usually involves some evil-doer who occupies a position of trust -- for example, a caregiver or adult child -- manipulating a vulnerable person to leave all, or most, of his property to the manipulator instead

It must be in writing. Generally, of course, wills are composed on a computer and printed out. The person who made it must have signed and dated it. A will must be signed and dated by the person who made it. Two adult witnesses must have signed it. Witnesses are crucial.

There is no need for embarrassment about that. Sometimes it is simply not worth the risk and expense of contesting a will, however hurt you may be by its terms. DO know your funding options whether Pay As You Go or some form of No Win No Fee or No Win Reduced Fee arrangement.

When you challenge a will you are challenging the validity of the Will itself. A challenge to a Will is often for these main reasons: undue influence, fraud, forgery, or lack of mental capacity (referred to as testamentary capacity).

Undue influence The expression of a testator's last wishes must be the result of the exercise of his or her own volition. Any impairment to the free expression of the testator's wishes at the time the will is made may result in a will being declared invalid.

Clearly the best way to avoid a contested will, or at least a successfully contested will, is to ensure the will is drafted and executed properly in the first place. We would also encourage our clients to discuss their plans for inheritance with family members, so there are no nasty surprises at a later stage.

A will may have been attested by two witnesses and duly signed by the testator but if it's not dated, it becomes void. The law also says that a new will with a later date would make the previous one null and void. If a will is termed invalid, the court distributes the property as if no will ever existed.

The simple answer is that you can't ever stop someone contesting your will. This is because state and territory legislation across Australia allows 'eligible' people to make a claim against an estate if they can establish that they have not been adequately provided for in the deceased's will.

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