Wills & Estates Disputes

Wills and Estates Disputes

Caveats

When a caveat is lodged to prevent the granting of probate, it is usually the first indication that there is a dispute. There are different kinds of caveats and they are used when:

• there is a challenge to the validity of the will
• there is a dispute about the due execution of the will
• probate is sought in respect of an informal instrument, and a party wishes to be heard on that. 

Opposing a grant of probate

To oppose a grant of probate the court will consider applicable defences including:

• The 'deceased' has in fact not died, and is alive
• There is a later will
• The will was revoked

Contentious Estate Proceedings

Contentious estate proceedings can take a variety of forms. Examples include:

• proceedings regarding the testamentary capacit of the maker of the will
• where the testator's will was unduely influenced
• where there are questions about the authenticity of the will e.g. if you consider the will is a fraudulently made document.