At Peel Legal, we take certain steps to ensure your Will is executed validly. These steps are specifically designed to prevent challenges to your Will on the basis that it is invalid.
We can’t fully guarantee our procedures will completely protect your estate from any challenges; however they assist in protecting your estate and ensuring your wishes are fully carried out.
Challenges to the validity of your Will (opposed to applications under the Family Provision Act) can be made on several common law (case law) grounds:
- Fraud – When you attend our offices for your appointment, we will ask you to provide valid photo identification. This helps us prove you (and no one else) provided the instructions to draft your Will, and ensures no one else can make a false Will in your name;
- Duress/Undue Influence – When we take your instructions, we will only allow you, and no one else, to be in the room. This can help prevent allegations that you made the will under duress, or that you were improperly influenced by another person when providing your instructions;
- Capacity – As solicitors, we have an ethical obligation to ensure you have the legal and mental capacity to provide instructions to us. There is a specific standard of capacity that applies when making a will – you need to be able to understand the legal effect of your will, for whom you may be morally expected to provide for in your will, and whom may have a claim against your estate. We will perform a short testamentary capacity test during your appointment to ensure you have testamentary capacity, and we may require the opinion of a medical practitioner.
At Peel Legal, we always have your best interests in mind. If you would like to book an appointment to discuss your Will with our experienced legal team, contact us on 9535 8399 or email us at reception@peellegal.com.au today!
