Contesting a Will

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As any Perth will contest lawyer will tell you, wills can be overturned if the person challenging it can present a legally sound case and prove the underlying facts that puts the Court on their side.


There are a number of formalities that need to be met to ensure a Will is valid:

  • The Testator (person making the Will) must be 18 years or older;
  • The Will must be in writing; and
  • It must be signed and witnessed correctly.


The Court may accept a Will where some of the formalities are not met but an Applicant will be required to fulfil certain requirements to ‘prove’ the Will constitutes the testamentary intentions of the Testator.

Beware – Certain events will cause your Will to be revoked (cancelled) even without you knowing

  • If you make another Will it should and usually will contain a revocation clause so that the more recent document cancels out the former document;
  • Subsequent marriage except in certain circumstances automatically revokes a Will unless the Will is stated to be in contemplation of the marriage; and
  • Ending of a marriage – by divorce (but not ending a de facto relationship) will automatically revoke a will.


A Will can also be challenged where the Testator is believed to have lacked the mental capacity to give testamentary instructions, where it is believed there was undue influence and/or where it is believed that the Will has been forged.

If you believe a Will being probated is not valid then seek legal advice as to whether to caveat the probate or caveat the probate so that the Will is proved in Solemn form.

As a Legal firm experienced in dealing with Wills and Probate matters we are able to anticipate any potential problems with the Will, and advise on the most appropriate way to deal with the deceased’s Will and any challenge to its validity.

Our dispute resolution lawyers have experience in both contesting and defending contested wills.

Call to schedule an appointment with one of our deceased estate or dispute resolution lawyers today on 95927326.