How do I stop probate while I challenge the will?

A caveat can be lodged in the Supreme Court to prevent a grant of probate. It must be justified, so we review the grounds first.

Is a will made with dementia always invalid?

No. A diagnosis does not mean a person lacked capacity when signing. The evidence about their understanding at that time is what matters.

Wills and powers of attorney made online have a fixed price, shown before you pay. Probate, estate administration and estate disputes are quoted in writing before the work starts, and you are told early if anything changes.

Is this really
their will?

A will can be challenged if the person who made it lacked capacity, was pressured, did not understand it, or it was not properly signed. We assess whether a challenge has a real basis before you commit.

Book a free 15-minute call Call 03 8386 9502

Is this you?

When people come to us about challenging the validity of a will.

Each of these is a good reason to call, and none of them is too early.

Your parent signed a new will while living with dementia.
A carer or new partner arranged a will that left them everything.
The will was changed shortly before death and nobody knew.
The will looks unsigned, incomplete or altered.

How we help

A validity challenge asks one question. Is this really their will?

A will may be invalid if the will-maker lacked testamentary capacity, was subject to undue influence, did not know and approve of its contents, or it was not signed and witnessed as the law requires. If successful, an earlier will, or the intestacy rules, apply instead.

These claims depend on evidence, such as medical records, the lawyer’s file and witness accounts. We gather it early, and can lodge a caveat in the Supreme Court to stop probate being granted while the challenge is considered.

What we do

Early assessment of the grounds and the evidence
Medical records and the will-maker’s lawyer’s file
Caveats against a grant of probate
Capacity and undue influence claims
Mediation and negotiated settlements
Supreme Court proceedings

Book a free 15-minute call

What happens first

Your first week with us.

A matter should feel different from the first call. This is what you can expect before anything is signed or sent.

What it costs

The first call: where things stand
What has happened, which documents exist, and any time limit that is already running.
In writing: an assessment and an estimate
Whether there is a real basis to act, what the steps are, and what each stage will cost, before any work is done.
The first steps: your position protected
Time limits diarised and the documents and records requested, so nothing is lost while a resolution is worked out.
From then on: one lawyer, who answers
One lawyer runs the matter from start to finish, and keeps you told.

Your team

Who you will deal with.

Matters are run by the people below, not handed down.

Meet our people

Questions

Frequently asked questions

If your question is not here, it is a good reason for the free call.

How do I stop probate while I challenge the will?
A caveat can be lodged in the Supreme Court to prevent a grant of probate. It must be justified, so we review the grounds first.
Is a will made with dementia always invalid?
No. A diagnosis does not mean a person lacked capacity when signing. The evidence about their understanding at that time is what matters.
What does it cost?
Wills and powers of attorney made online have a fixed price, shown before you pay. Probate, estate administration and estate disputes are quoted in writing before the work starts, and you are told early if anything changes.