Claims relating to validity of Wills

The provisions in Wills are often challenged on grounds that the Will is invalid.

The most common grounds on which the validity of a Will can be challenged are that the testator (the person making the Will):

• Did not know or approve of contents of the Will

• Did not have sufficient mental capacity to make a Will

• Was forced, coerced or unduly influenced to make the Will

• Did not comply with the legal formalities in executing the Will

• Had revoked the Will

In addition the above grounds, Wills can also be challenged on grounds of fraud and forgery.