Will contest

A will contest is a legal proceeding intended to examine whether the will that has been submitted truly reflects the testator’s free, conscious, and genuine intent.

Although the law grants the testator’s wishes paramount status, it also recognizes that not every will is made under proper conditions, and that in some cases intervention is required to prevent the enforcement of a document that is invalid or does not reflect the truth.

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A will contest allows anyone who considers themselves harmed by the will to raise claims regarding defects in the document or in the circumstances under which it was made, and to bring the matter before the court for review.

The law sets out several main grounds for contesting a will. Among the most common is undue influence—a situation in which someone exploits the testator’s weakness, dependency, or medical condition in order to influence the content of the will.

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Another ground is lack of capacity, where the testator was not lucid, did not understand the meaning of the will, or was unable to make independent decisions. There are also grounds relating to formal defects, such as a missing signature, unqualified witnesses, or failure to comply with the legal requirements for the specific type of will.

In more serious cases, claims may be made of forgery or that the document does not reflect the testator’s wishes at all.

The time frame for filing a will contest is short and strictly defined by law. After an application for a probate order is submitted to the Inheritance Registrar, a notice is published in a newspaper and in the official records. From the date of publication, potential objectors have only 14 days to file an objection.

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If the objection is not filed in time, the will may receive final legal effect. In certain cases, it is possible to request an extension of the deadline, but this is not automatic and requires substantial justification. It is therefore important to act quickly once notice of an application for probate is received.
 

The objection is filed with the Inheritance Registrar, but the proceeding itself is conducted before the Family Court, which is the competent authority to hear the claims, examine the evidence, and decide whether the will is valid. The process includes filing a detailed statement of objection, collecting evidence, obtaining medical opinions where necessary, examining witnesses, and sometimes also examining the lawyer who drafted the will.

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The court examines the circumstances under which the will was made, the testator’s condition, the nature of the relationships between the parties, and all relevant factors in order to determine whether the will reflects a free and conscious intention.

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A will contest is a significant and sometimes essential, step to protect the rights of heirs and to prevent the enforcement of an invalid will.

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It is important to act promptly, responsibly, and with the assistance of an experienced inheritance lawyer, who can thoroughly examine the case, assess the prospects of the proceeding, and build an appropriate legal strategy.

If you have received notice of an application for probate and you are concerned that the will is defective, and you are considering your legal options for filing an objection, I invite you to contact me for personal, discreet, and professional legal advice.

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Together, we will examine the case, understand the legal options, and act to protect your rights and the testator’s true intent.