Wills and Succession
When Can a Will Be Invalid?
Capacity, free will, execution requirements and invalidity of individual gifts.
Validity depends on the conditions
Capacity, genuine testamentary intention and statutory execution requirements must be assessed. Coercion or fraud allegations need evidence. A typed document headed “will” is not sufficient by itself.
Different defects have different effects
An interested witness, excessive disposition, uncertainty, revocation and invalidity of the entire document raise distinct questions. Later wills and revocation must be examined. Perceived unfairness alone does not establish invalidity.
Preserve the original and supporting evidence
Obtain earlier wills, witness details and relevant contemporaneous medical records. If administration has begun, use the appropriate objection procedure. Resolve validity and entitlement issues before distribution where necessary.
This publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.