What makes a will invalid Australia?
Under section six of the Succession Act, a Will is invalid if: 1) It is not in writing and signed by either the will-maker or a testator in the presence of, and at the direction of, the will-maker, according to The Law Handbook of the New South Wales Government.
What happens if a will is signed but not dated?
Although it will be legally valid even if it is not dated, it is advisable to ensure that the will also includes the date on which it is signed. If someone makes a will but it is not legally valid, on their death their estate will be shared out under certain rules, not according to the wishes expressed in the will.
What are the chances of contesting a will and winning?
A separate analysis of public trustee files found a 77 per cent success rate. Either way, it appears approximately three-quarters of contesting will claims are worthwhile. According to the research, you can expect the best chance of receiving a favourable result if you are a current or former spouse or partner.