Challenging the Validity of a Will

Questions about the validity of a will can create uncertainty at an already difficult time. Clear legal support can help you assess the concerns, understand what is at stake, and approach the dispute in a structured way.

We help:

  • Clarify concerns about whether a will is valid
  • Assess issues involving capacity, undue influence, or execution
  • Move forward with a clear dispute strategy
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We are an accounting firm that works closely with Velocity Legal on all our client's legal matters… Every client who works with their team is delighted and impressed by the clear advice, efficient communication, and seamless process.

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They provided so much support and guidance through the process and I felt like they genuinely cared about getting the right outcome for me. They obviously know their stuff but were able to explain things in a simple and clear way.

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We Undertand What You Are Going Through

Challenging the validity of a will often arises where something does not feel right about how the will was made. You may be concerned that the deceased person did not understand what they were signing, was pressured by someone close to them, or that the document was not properly prepared or executed.

These matters can be sensitive because they often involve family members, executors, beneficiaries, and long-standing relationship dynamics. You may also be dealing with limited information, uncertainty about the estate, or pressure to make decisions before you understand your position.

Velocity Legal helps clients work through will validity disputes with care and structure. We can help you identify the relevant issues, assess the strength of the concerns, and consider the most appropriate way to respond.

Our Services Include

  • Advising on potential grounds for challenging the validity of a will
  • Assessing concerns about testamentary capacity, undue influence, fraud, or suspicious circumstances
  • Reviewing wills, estate documents, medical records, and related correspondence
  • Advising executors and beneficiaries involved in will validity disputes
  • Seeking further information about the preparation and execution of a will
  • Representing clients in negotiations, mediations, and court proceedings involving disputed wills
  • Advising on related estate issues, including probate, executor conduct, and estate administration delays

Our Difference

Accountability & Expertise

Every matter we handle comes with full accountability. You’ll deal directly with an expert – every time, no exceptions.

In Your Shoes

Understanding your unique circumstances and goals - so our advice is practical, personal, and never given in a vacuum.

Transparency & Communication

We speak your language. That means plain, clear advice - what’s happening, why it matters, and what comes next.

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Australian Based Team
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Matters Expertly Handled
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Awards & Industry Recognition

Our Process

  1. Book Meeting
    Fill in the contact form below or call our office to book an initial consult. You can choose between an in-person or video conference.
  2. Get Advice

    You’ll discuss your situation in depth with a senior lawyer. This includes exploring your requirements, goals, and desired outcomes. You’ll walk away from this meeting with a clear understanding of the next steps.
  3. Achieve Outcomes

    Our legal team will work tirelessly to achieve your desired objectives. We work hard, communicate regularly, and pride ourselves on delivering results.
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Take the First Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Andrew Henshaw
Managing Director
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

Our Directors

Managing Director

Andrew Henshaw

Director

Greg Thomas

Director

Jess Hill

Director

Rajan Verma

Director

Seamus Ryan

Frequently Asked Questions
What does it mean to challenge the validity of a will?
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Challenging the validity of a will means questioning whether the will should be accepted as legally effective. Concerns may relate to the deceased person’s capacity, whether they were pressured, whether the document was properly signed, or whether suspicious circumstances surrounded the making of the will.
Can I challenge a will just because I think it is unfair?
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A will validity challenge is different from a claim that the will did not make adequate provision for someone. A validity challenge focuses on whether the will itself is legally effective. If your concern is that the will is unfair, a different type of estate claim may need to be considered.
What kinds of evidence matter in a will validity dispute?
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Relevant evidence may include the will file, medical records, solicitor notes, witness information, and documents showing the deceased person’s circumstances when the will was made. The evidence required depends on the nature of the concern and how the will was prepared.
Can a will validity dispute be resolved without going to court?
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Some will disputes can be resolved through correspondence, negotiation, or mediation. Others require court involvement, particularly where probate has been or may be challenged. The right approach depends on the issues, the evidence, and the positions taken by the parties.
What if probate has already been granted?
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A grant of probate does not always mean all issues are closed. However, the timing and procedural position can affect what options are available. It is important to obtain advice promptly if you have concerns about a will and probate has already been granted or is about to be sought.
When should I speak to a lawyer about challenging the validity of a will?
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You should seek advice as early as possible if you have concerns about how a will was made or whether it reflects the deceased person’s true intentions. Early advice can help preserve evidence, clarify the type of claim involved, and avoid unnecessary delay while the estate is being administered.

Take the First
Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Book Consult
4.9
86 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)