If there’s any doubt about your will’s validity, it’s at risk of a legal challenge.
For example, a person may ask a court to declare the will invalid because it doesn’t meet legal requirements.
“Sometimes, a will-maker’s wishes aren’t carried out because their will is successfully challenged in court,” Joseph Anker, of local law firm marshalls+dent+wilmoth lawyers, said.
“It’s incredibly stressful for everyone involved.”
The most common reasons for challenging a will include:
- Lack of testamentary capacity, where the will-maker doesn’t understand they’re making a will or the effect of making the will.
- Undue influence, where the will-maker is pressured to change their will or make it in a certain way.
- Fraud, where the will is forged, tampered with, or the will-maker is deceived into making the will in a certain way.
“Making sure our clients’ wills are properly drafted and executed is so important. It’s one of the most critical safeguards for a valid will,” Mr Anker said.
Your wills and estates lawyer should make sure all legal requirements are met, such as ensuring the will is correctly signed and witnessed, checking whether you are freely making your will, and assessing your capacity to make a will.
“Spending time with your lawyer to discuss your estate planning needs can save stress and financial strain on your loved ones after you’re gone,” Mr Anker said.
“And you have the peace of mind that your will has been created with carefully considered protections and thorough checks.”
Local law firm marshalls+dent+wilmoth provides wills and estate legal services to residents in the Benalla area. Contact the Benalla office on 5746 4500 or visit www.mdlaw.com.au
Book today for a 30-minute FREE consultation (first consultations only).
You can find marshalls+dent+wilmoth lawyers at 8 Maginness St, Benalla.
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