A Will may be declared invalid if one or more of the following grounds exist:
If the deceased’s last Will is found to be invalid, then the last valid Will made by the deceased would apply. If there is no previous valid Will, then the deceased’s estate will be distributed in accordance with the statutory scheme under intestacy.
Any person who is a beneficiary under the deceased’s previous Will, or would be a beneficiary under an intestacy, is entitled to challenge the validity of a Will.
A caveat must be lodged in the Supreme Court Probate Office prior to the Grant of Probate being made. Specialist legal advice should be sought prior to lodging a caveat, as the caveator (person who lodged the caveat) may be required to pay the estate’s legal costs if there are no reasonable grounds on which the Will could be contested.