Challenge to a benefit to a person whose influence on the will-maker directed the giving of a benefit to that person
Wills can be challenged if they are made under the influence of an overbearing relative, friend or advisor. This usually occurs when there is an imbalance of power in the relationship, where the weaker party agrees to the more dominant party’s desires contrary to their wishes. A full examination of all the circumstances under which the will or codicil was made is required.
The exercise of undue influence is a matter of evidence and can not be established by suspicion alone.
Challenging a will is difficult.QEL has the experience and expertise to help. If you are require further information regarding challenging an executor, please call us on 1300 580 413
Use our free online Assessment Tool to evaluate the strength of any challenge or proposed challenge to a will