Challenging a Will

Luigi and his wife had provided their four children with a copy of their will, however unknown to his children, Luigi had updated his will 12 months prior to his death.

Luigi passed away peacefully at the age of 95. Despite gradually declining mental health, he had happily lived on his own since the death of his wife in 2012.

Luigi and his wife had provided their four children with a copy of their will, however unknown to his children, Luigi had updated his will 12 months prior to his death.

Upon Luigi’s death, his children discovered that he had bequeathed his estate, in its entirety, to two charities that had approached him for donations in his latter years of life.

While happy to provide a portion of Luigi’s estate to the charities, Giovanni and his three brothers believed their mother had wished to bequeath part of the family assets to them. They also queried whether Luigi had been of sound mind when he changed his will.

Giovanni and his brothers engaged Clancy & Triado’s experts in Wills and Estates to challenge their father’s will. Working in conjunction with GPs and aged care service providers, they were able to provide evidence that Luigi was not of sound mind when he changed his will and successfully challenged the distribution of the Estate.