In certain circumstances the validity of a Will can be challenged. Where a Will is successfully challenged it will be set aside and will not have force.
In determining whether a to set aside a Will, a Court will consider the following questions:
- Is the Will the last Will made by the deceased;
- Was it executed in accordance with requirements of the Succession Act;
- Was the Will altered after it was written;
- Did the Will maker have the testamentary capacity to make the Will; and
- Was there any undue influence involved when the will was drawn up.
Segelov Taylor Lawyers are able to provide advice and representation in respects of challenges on Wills.