Grounds For Contesting A Will

Many people contest a will or any other type of legal document because they disagree with the terms or want to claim another person is entitled to their share. You’ll find information on the grounds for contesting a will and how to challenge one.



Contesting a will can be a complex process that requires the assistance of an attorney. There are several ground’s for contesting a will, including:


  1. Inability to make a valid will – This is the most common ground for contesting a will. If the   person making the will is incompetent to make a will, then their will cannot be considered valid.
  2. Fraudulent intent – If someone knowingly attempts to create or alter a will to gain an unfair advantage, they may be able to challenge the will. 
  3. Improper execution of the will – If there are errors or omissions in the wording of the will, this can be grounds for contesting it. 
  4. Duress – If someone was forced to make a will against their wishes, this could be grounds for contesting it. 
  5. Unconscionable terms in the will – If the terms of the will are unreasonable or unfair, this can be grounds for contesting it. 
  6. Lack of independent beneficiaries – If the will does not properly distribute the estate to any appropriate beneficiaries, this can be grounds for contesting it.


Who Can Challenge a Will?


There are strict rules surrounding the process of challenging a will in Western Australia. To challenge a will under Western Australia Civil Code, there must be some factual allegation that puts into question the validity of choice. As most people consider making their own will a straightforward and easily understood solution to their family’s succession requirements. It is essential to remember that an individual named in the will cannot challenge its validity Simply put, this allows time for everyone named.


Grounds legal, not emotional


When someone finds out, they have been passed over in a will, the natural inclination is to feel upset and angry. However, there are several legal grounds for contesting a will, regardless of the emotional reaction.

First and foremost, if the person named in the will does not meet the legal definition of an heir, they may have a basis for contesting the will. For instance, if the person named in the intention is not a blood relative of the deceased, they may have a claim to the estate.

Second, if the will is ambiguous or unconstitutional, a person may have grounds for contesting it. For instance, if the choice excludes people based on race or gender, that could be considered unconstitutional discrimination.

Finally, if there is evidence that the deceased did not make a will, a person might have a basis for contesting it. For instance, if the deceased did not sign any documents indicating that they were making a will, that could be considered sufficient evidence to invalidate it.


Invalid Wills


A will can be contested for some reasons. For instance, if the choice was not made following state law or if it was made without the testator’s informed consent. Other reasons a will may be invalid include if the testator is mentally incompetent, if the intention was made during a condition that rendered them unable to make sound decisions (such as intoxication or insanity), or if the will is forged.


If you believe your loved one’s will be invalid, consult an attorney or a legal advisor to determine the best course of action for contesting it.


The will was not properly executed.


You may contest the will if you believe it was not correctly executed. This may be done if there is a discrepancy between what was written in the choice and what was actually done with the assets. For example, if someone did not receive the property that was supposed to go to them in the will, they may contest it.


The testator lacked testamentary capacity.


You may contest if you believe that the deceased had testamentary capacity when they made the will. Testamentary capacity is the legal ability of a person to make a valid will. If a person does not have testamentary capacity, they cannot make a will and cannot appoint anyone to administer their estate should they die without one. 


Several factors can indicate whether or not a person has testamentary capacity. For example, a person must be able to understand the nature and effect of a will, know who to make an appointment for it, and be able to sign it. If you believe the deceased did not have testamentary capacity when making the will, you may.


The testator lacked knowledge or approvals of the will they were signing.


Several grounds can be used to contest a will, including if the testator lacked knowledge or approval of choice. If you believe your loved one could not make a valid will, speak to an attorney as soon as possible.


There is evidence of undue influence.


When a will is contested, the main issue is often whether someone had undue influence over the deceased. One must show that the intention was made under duress or fraud to contest a will. Factors that can be considered when determining if someone had undue influence include:

  • Who is the beneficiary of the will?
  • Whether the beneficiary was close to the decedent.
  • Whether the beneficiary received any valuable assets from the decedent shortly before making the will.
  • Whether there was any other suspicious activity surrounding the choice.


Consult Lawyers Perth to contest your will


We have an on-duty attorney at the Washington State Family Court in Perth called the Perth Family Court Service. No matter how complex your legal case is, highly experienced Lawyers Perth will offer the best solution. Receive expert legal advice, support and representation from Perth’s best trusted lawyers from over 8,000 happy Perth clients. Ask your lawyer to estimate the cost of his legal services and get this honorable agreement in writing




If you believe that there are grounds for contesting a will, then you should speak to an attorney. There are a few things that could give rise to contesting a will, such as if the deceased did not actually die under the terms of the will, or if someone else was improperly excluded from receiving property. If you have reasons to believe that a will is not valid, speaking with an attorney can help you determine whether filing a formal protest is the right step to take.