We can't build valid wills on suspicious minds

What to expect when challenging a will made in 'suspicious circumstances'

Key points

• Courts presume that wills are made validly – that is, that they are prepared and executed correctly, and that the testator knows about and approves of the contents of the will
• These presumptions are open to challenge where the will is made in 'suspicious circumstances'
• A recent Supreme Court case held that a testator's second will – made 10 days before death and disinheriting family members – was made in suspicious circumstances
• Further evidence held that the testator was not capable of holding the requisite testamentary capacity to make a valid new will – his mental state was not capable of sufficient knowledge or approval of the will's contents – invalidating the second will and allowing the first to prevail