Contesting a Will
Grounds, Process, Representation

Not every sense of "injustice" is a ground for challenge. Courts respect the wishes of the testator — but recognise that those wishes can be distorted. The four main grounds for contesting a will:

1. Lack of capacity: The testator did not understand the significance of the will at the time of making it — due to dementia, mental illness, or serious medical condition. Medical records are central evidence.

2. Undue influence: A close person exploited the testator's dependence to dictate provisions. Common in carer-patient relationships, a child caring for a parent, or a spouse who controlled everything.

3. Fraud and forgery: The testator was deceived into signing a document whose content was different from what was presented to them, or the signature was forged.

4. Formal defects: The will was not signed as required, witnesses are missing, one of the witnesses is a beneficiary under the will — matters that invalidate the will outright.