Contested Probate

Contested probate is what happens when someone formally disputes the validity of a Will — arguing it was forged, made without testamentary capacity, signed under pressure, or not properly witnessed. It is different from contesting a will for a larger share: a probate contest attacks the document itself, and if it succeeds an earlier Will, or the intestacy rules, may apply instead. These disputes can be slow and expensive, which is why a clearly drafted, properly witnessed Will is the best protection.

A dispute is usually triggered by lodging a caveat, after which the parties exchange evidence and, if unresolved, the Supreme Court decides. Example: Two siblings ran a contested probate when a new Will, signed weeks before their mother's death, suddenly favoured her carer, and the court had to weigh medical evidence of her capacity. Eligibility and procedure are governed by each state's succession legislation.