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How can I prevent my Will being challenged or disputed after I die?


There is a difference between “disputing a Will” and challenging a Will by “claiming on an estate”.  To “dispute a Will” is to challenge the validity of the Will.  A person could challenge the validity of your Will if they believe:

  • you did not have the mental capacity to make a Will;
  • the Will was forged;
  • you were unduly influenced (i.e. there was trickery, force, pressure or fear involved) when making the Will; or
  • there is fraud involved

To avoid such claims it is best to make a legally binding Will with a trusted Solicitor while you are mentally and physically healthy and to regularly update your Will.

There is no way to prevent your Will being challenged after you die.  However, you can try to reduce the risk of this happening and reduce the impact it has on your estate if it does happen.

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