Will Disputes: Red Flags, Common Grounds and Early Steps

Overview

Disputes commonly arise due to perceived unfairness, unclear drafting, or concerns about the circumstances in which a Will was made. Early protective steps can preserve the estate and evidence while options are explored.

Common dispute triggers (red flags)

• A sudden change from longstanding intentions
• Exclusion of close family members without explanation
• A beneficiary involved in the Will’s preparation or execution
• Concerns about cognitive decline, dependency, or coercion
• Missing original Will or irregular execution

Common legal bases for challenge (non-exhaustive)

• Capacity: whether the testator understood the nature and effect of the Will.
• Undue influence: coercion undermining free decision-making.
• Lack of knowledge and approval: the testator did not understand or approve the contents.
• Invalid execution: failure to meet formal requirements.
• Fraud/forgery: authenticity disputes.
• Financial provision claims: claims by qualifying individuals for reasonable provision.

Immediate protective steps

• Secure the original Will and relevant correspondence/attendance notes.
• Consider a caveat to prevent a grant being issued pending investigation.
• Collate medical and factual evidence early if capacity is likely to be contested.
• Consider without-prejudice discussions to narrow issues.

How Royce Legal can help

Royce Legal can advise on merits, procedural protections, evidence gathering and resolution routes (negotiation/mediation and, where necessary, court proceedings).