Do people who contest or challenge Wills usually ‘win’?

In New South Wales, as in many jurisdictions, the process of contesting and challenging Wills is possible under certain circumstances. Common grounds for contesting or challenging a Will include:

1. Lack of Testamentary Capacity: If the Testator (the person making the Will) was not of sound mind or did not fully understand the consequences of their actions when making the Will.
2. Undue Influence: If someone exerted pressure or influence on the Testator to create a Will that does not accurately reflect their wishes.
3. Fraud or Forgery: If the Will is not genuine or if there is evidence of fraud in its creation.
4. Provision for Family: In some cases, family members or dependants may be able to contest a Will if they have been unfairly left out completely or believe the Will does not adequately provide for them.
5. Formal Validity: If the Will does not meet the formal requirements for validity, such as being properly witnessed.

Whether a person is likely to ‘win’ depends on the specific circumstances and the strength of their case. It is advisable for individuals considering the thought of contesting or challenging a Will to seek legal advice to understand their specific situation better.

Additionally, laws and regulations may change, so it is crucial to consult with a legal professional who is up to date with the current laws in New South Wales.

Research done by The University of Queensland in 2015 found that in 74% of cases challenged in court and 87% of cases that went before a mediator, a settlement was reached which resulted in the Wills being changed.

Do you need advice? At Kells we provide a free Will Dispute Assessment. Reach out today to speak with one of our experienced estate litigation lawyers.

Photo 30220237 © Radovan Smokon | Dreamstime.com