Inheritance disputes – 5 important lessons from recent case law

Recent significant case law highlights important lessons that are learnt and relearnt in relation to inheritance disputes. This article will glean 5 important lessons from recent NSW Supreme Court (Court) cases and a recent High Court case.

1. Preventing the Court recognising an invalid Will

Inheritance disputes often relate to whether a deceased person's last Will was a valid Will.

The validity of a Will can be the subject of different legal challenges. These include, for example, a claim that the Willmaker lacked the required testamentary (legal) capacity, did not know and approve the entire contents of the Will or was subjected to undue pressure to favour particular people or organisations. There may also be suspicious circumstances surrounding the making and execution of the Will which need to be investigated to ensure the Will is valid. There may also be questions about whether the Will was correctly signed and witnessed.