A will is vulnerable to challenge on a number of bases. It may
be challenged on the basis that it does not provide 'adequate
provision for the proper maintenance, education or advancement in
life of the person' (otherwise known as a family provision
claim).1 It may be challenged on the
grounds of formal validity, which is directed to the question of
whether the will has been duly executed in accordance with the
formalities prescribed by s 6 of the Succession Act 2006
(NSW)2 (although, it is worth noting
that the Court may dispense with these formalities in certain
circumstances).3
This article, however, is concerned with the manner in which a
will may be challenged on grounds of 'essential validity'.
Essential validity is concerned with the mental elements going to
the making of a will and is directed to the question of whether the
will, in substance, is the last will of a free and capable
testator.4 Essential validity will be
established if, on the balance
