- The Will-maker was not mentally capable of making a Will, or was forced by someone to make a Will. An Application can then be made to the Court for a declaration that the Will is valid.
- A Will may not have a clear meaning. An Application can be made to the Court for a declaration of its meaning, or for a rectification of the wording.
- A Will does not give share, or adequate share, of an estate to a person. An Application, called a Family Provision Application, can be made to the Court.
- A document may not be in the strict format of a Will, but Application can still be made to the Court for a declaration that the document is, in fact, a valid Will where there is evidence that the document expresses the Will-maker’s intentions for the distribution of the estate.
Murdoch Lawyers can advise you of the best course of action to take. At times, Court Applications can be resolved through mediation between the parties – we advise our clients what is in their best interests. Time limits are very important in these court matters, and so no time should be lost in seeking advice.
