9 ways that a Will can be ruled invalid

Published 17 Jan 2017

When contesting a Will, there are nine basic ways that can make a Will invalid. Discover the basics of what renders a Will invalid and how Gerard Malouf & Partners have expert will lawyers who can help you successfully contest it.

9 ways that a Will can be ruled invalid

Under section six of the Succession Act, a Will is invalid if:

1) It is not in writing and signed by either the will-maker or a testator in the presence of, and at the direction of, the will-maker, according to The Law Handbook of the New South Wales Government.

2) The signature was not acknowledged by the will-maker in the presence of witnesses.

3)  Two or more witnesses have not signed the Will with the will-maker being present. However, the witnesses do not require another witness to be present at the time they sign.

4) The will-maker or the testator did not sign with the intention of executing a Will.

5) It is not up to date as the will-maker's legal rights have changed, explains the Australian Securities and Investment Commission. Factors that could alter the legal rights of the will-maker include:

  • Divorcing
  • Separating
  • Marrying
  • A significant change in their financial situation
  • The death of beneficiaries or a spouse
  • Having children or grandchildren

6) The will-maker did not have the mental capacity at the time of making the Will, writes Legal Aid of New South Wales. This can be challenged by looking into whether the person was well at the time.

7) There was another will made at a later date. In other words, the Will under consideration was not the very last will.

8) Someone altered the Will after it was initially signed.

9) The will-maker was forced or pressured (as opposed to just encouraged) to produce the Will.

How Gerard Malouf & Partners can help you contest a Will

Gerard Malouf & Partners can help you contest a Will in NSW if you believe you have been improperly provided for in the Will.

In New South Wales, you can contest a Will if you are an eligible person according to the Succession Act 2006. If this is the case, you can apply to the Court for a Family Provision order within 12 months of the will-maker's death. This is called a "family provision claim."

To find out more about the ins and outs of contesting a will and our excellent service of providing legal support on a No Win No Fee basis, contact Gerard Malouf & Partners today.

  • NSW Offices
  • North Parramatta
  • Sydney
  • Penrith
  • Ryde
  • Blacktown
  • Liverpool
  • Chatswood
  • Campbelltown
  • Erina
  • Newcastle
  • Wollongong
  • Ballina
  • Tamworth
  • Wagga Wagga
  • Miranda
  • Rockdale
  • Baulkham Hills
  • Bondi Junction
  • Mudgee
  • Tweed Heads
  • VIC Offices
  • Melbourne
  • QLD Offices
  • Brisbane
  • Bundall
  • ACT Offices
  • Fyshwick
Phone 1800 004 878 to book a free appointment