There are several matters which may affect the validity of a Will and require a court application:
- there is evidence suggesting that a person other than the Will maker (“Testator”) signed the Will (fraud);
- the Testator lacked testamentary capacity at the time of making their Will;
- there is evidence that a person and/or people have unduly influenced the Testator (eg: coerced or manipulated the Testator’s decision regarding their Will);
- the Will does not comply with the requirements contained in the Succession Act 1981 (Qld). For example, legislation requires that the Will is in writing and it is signed by the Testator in the presence of 2 independent witnesses.
Our team at The Small Business Lawyer can provide you with advice and assist with seeking the assistance of the court, where you have any concern as to the validity of a Will.