Challenging a Will

Question 1

On what grounds can a will be challenged?

Answer 1

1. Lack of due execution – s.9 WA compliance.
2. Lack of testamentary capacity –
   Burden of proof: Initially on the person propounding the will; if the will appears rational, the burden shifts to the challenger.

Golden Rule (Kenward v Adams 1975, Re Simpson 1977): Good practice if there are doubts about capacity.

3. Intent – Duress/undue influence = will is void
   Edwards v Edwards [2007]: Coercion that overrides the testator’s free will.
   High burden of proof; must show actual coercion, not mere persuasion.

No presumption of undue influence in wills.

Consider negotiation.

Question 2

What is the time limit for contesting a will?

Answer 2

Inheritance (Provision for Family and Dependants) Act 1975 claims → 6-month deadline from Grant.

Validity of will - No specific time limit, but should be challenged as soon as possible.