Problem – How Can I Contest a Will Over Mental Capacity or Undue Influence?

 

 

Question:

Dear Elaine,

My grandmother passed away and a will has been produced that lists my cousin as executor and gifts the entirety of her estate to my cousin. My family and I are very concerned and suspicious as our grandmother was suffering with mental health difficulties and had problems with her memory. What can we do in this circumstance?

S.

Answer:

A contentious probate application occurs when one party is seeking to have the will proved and another party claims that the will is not valid because the testator was unduly influenced or did not have testamentary capacity when making the will.

The grounds for challenging the validity of a will are as follows:

a. That the last will and testament was not executed in accordance with the SA65;
b. That the testator did not have the required testamentary capacity to execute her will or,
c. That the testator did not know nor approve of the contents of the will.

In order to contest a will you a caveat must be entered in the Probate Office and or a Civil Bill issued to commence proceedings. Time is of the essence, and you should consult a solicitor without delay.