Challenging a Will’s Validity
Challenging a will’s validity often arises when there are concerns about whether the document was properly prepared, signed or created under appropriate circumstances. This page outlines the general reasons a will might be considered invalid, what types of evidence may be relevant and how Law Tram provides a secure and obligation-free way to connect with licensed Australian lawyers who can explain your options.
When can a will be challenged in Australia?
Not all wills are legally valid. A will may be challenged if there are serious concerns about fraud, forgery, undue influence, or whether the person had the mental capacity to make legal decisions at the time it was signed.
Common warning signs include sudden, unexplained changes to a will, secretive drafting processes, or the isolation of the deceased from other family members. In some cases, the person who made the will may not have understood what they were signing or may have been pressured or manipulated.
Law Tram connects you with lawyers who can assess whether there is a legal basis to challenge the will and help you act within time limits before the estate is finalised.
Law Tram can assist with will validity disputes, including:
- Reviewing whether the will meets formal legal requirements
- Investigating whether the deceased had testamentary capacity at the time of signing
- Assessing potential undue influence, coercion, or manipulation
- Identifying evidence of fraud or forgery
- Determining the impact of informal wills or multiple versions
- Lodging caveats to prevent probate until the matter is resolved
- Advising executors and beneficiaries responding to a challenge
- Helping you weigh up the legal risks and likelihood of success
Why choose Law Tram
- Connect with lawyers who understand validity concerns and will-making requirements
- Confidential platform to outline your situation and ask questions
- Guidance on what information or documents may be relevant
- No obligation to engage any lawyer you speak with
- Lawyers help you understand the legal considerations involved
How it works
Confidential and Secure Questionnaire
Start by completing our secure online questionnaire. This step allows you to provide essential details about your legal matter and financial circumstances.
Confidential Legal Snapshots
Law Tram’s advanced technology generates a confidential legal brief summarising your case while keeping your personal details private.
Review by Licensed Australian Lawyers
Your confidential legal snapshot is shared with our network of vetted lawyers who review your case to determine how they can assist.
Connect with a Lawyer
If a lawyer believes they can help, they will initiate a chat with you through the Law Tram platform. Your contact details remain private unless you choose to share them.
No Obligation
You’re under no pressure to retain any lawyer unless you’re confident in their ability to assist. Law Tram empowers you to make informed decisions.
What others are saying
Real experiences from people who used Law Tram for estate-related matters:
Take the first step toward resolution
Law Tram offers a secure, efficient and supportive way to connect with lawyers who understand the legal issues involved in challenging a will’s validity. Whether your concerns relate to the will’s signing, questions about capacity, potential undue influence or irregularities in how the document was prepared, our platform helps you access tailored legal guidance before you decide how to proceed.
Take the first step with clarity and peace of mind by starting your free online consultation with Law Tram now.
Frequently Asked Questions
The process often starts with lodging a probate caveat with the court. A lawyer can help you assess the grounds and take the correct steps.
It refers to a person’s legal and mental ability to make a valid will — understanding what a will is, what assets they own, and who should reasonably benefit.
Undue influence occurs when someone pressures or manipulates the will-maker into leaving their estate in a way they otherwise wouldn’t have chosen.
Yes. Acting quickly is critical. If probate is granted and the estate distributed, your options may become more limited.
Possibly — if you have an interest in the estate or believe you’ve been deliberately excluded due to fraud or other unlawful behaviour. A lawyer can clarify your position.
Concerns may arise from unusual amendments, missing signatures, unclear witnessing or circumstances that suggest the document was not prepared correctly. A lawyer can outline the general issues that may be relevant.
No. Some informal wills may be accepted, depending on the evidence available and how clearly the document reflects the person’s wishes. A lawyer can explain the general principles that apply to informal wills.
Potentially. Questions about the person’s cognitive capacity at the time of signing may require supporting information. A lawyer can discuss what types of records or observations may help clarify capacity concerns.