In Show 105 – 5 Reasons to Challenge a Will originally broadcast on Facebook Live on Monday 2 July 2018 we explore this interesting topic.
It’s a new month and time for a new phase of the business legal lifecycle. In fact we’re going to be discussing two phases of the BLL. We’re going to be combining Phase 8: Estate Planning and Phase 12: Retirement. We’ll discuss the reasons why we combined those phases later this month. In this episode we talk about the five reasons why you should challenge a will.
1. Testamentary capacity
Under Australian law you have to have the capacity to make a will. You can’t be a
Minor and you have to have the mental capacity to create a will.
2. Fraud, forgery and undue influence
It’s always possible that a will was signed under false pretenses. This can be tough to prove but you can launch a challenge on those grounds.
3. Existence of a later will
The more recent will can trump and older will.
4. Sufficient witnesses
There are many dangers of creating your own will. Having sufficient witnesses is one of the biggest errors. The witness can’t be a recipient of anything in the will.
5. Accurate provisions
Most jurisdictions have rules bout what has to be in the will to actually be valid.
Those include a personal representative and details about where property should be dispersed.
More about this Show
We started Business Legal Lifecycle to create a simple way for you to understand complex legal terms. Most importantly we want to help you to develop a plan to take your business successfully into the future. There’s a startling statistic the underscores the importance of developing a solid plan. The majority of business owners are just seven months away from losing everything. A single aspect of your business that is not set-up correctly can shut down your whole operation very quickly. Legal advice is not cheap and even when you can afford it there is often a divide between lawyers and their clients. We want to close that gap once and for all. We want to put legal knowledge and tools into your hand to prevent the worst from happening to you.
Twice a week we are going to deliver those tools right to your home or office with Business Legal Lifecycle TV. We’ll start the week with Fast Fix Monday, a short 5-10 minute video that will tackle a single issue that businesses have to deal with. Then on Wednesday’s our main show will feature with more fulsome discussions and interviews all delivered in a straightforward and easy to understand format.