After a death in the family, our client was faced with a “will kit” that had been put forward as the deceased’s last will.
The document was signed during a period of documented cognitive decline. It departed sharply from the deceased’s earlier, carefully made estate plans, leaving our client with only a small cash gift in place of a significant share of the estate.
A will that didn’t reflect the real wishes
For our client, the dispute was about more than money. It was about making sure the deceased’s true intentions weren’t overridden by a document signed when he could no longer understand what he was signing.
Making them prove it
Ezylegal took the matter to the Supreme Court of Queensland. We required the people relying on the will kit to prove it “in solemn form” - a formal court process where a will’s validity must be established with evidence, rather than accepted on its face. The case was run under the Succession Act 1981 (Qld) and Chapter 15 of the Uniform Civil Procedure Rules 1999 (Qld).
The central question was testamentary capacity: whether the will-maker had the mental ability to make a valid will when they signed it. Australian courts still apply the test from the 1870 English case Banks v Goodfellow. The person must understand what a will is, know roughly what they own, and appreciate who would normally expect to benefit.
Using our AI Legal Assistant our legal team searched decades of clinical records which showed the will-maker had progressive cognitive impairment and did not have capacity at the time the will kit was signed.
The outcome
The Court refused to grant probate of the will kit and admitted the earlier, valid will to probate instead. That restored our client’s full entitlement under the earlier will.
Ezylegal then negotiated a settlement with the opposing party, recovering the legal costs our client had incurred.
Why will kits go wrong
Will kits are cheap and quick, but they’re easy to get wrong, and easier to challenge when there are questions about the person’s health at the time of signing. Courts look closely at wills made during illness or cognitive decline, especially when they depart sharply from earlier plans.
If you’re facing something similar
If a loved one’s will was changed late in life, signed during illness, or doesn’t reflect what they told you they wanted, you may be able to challenge it. Strict time limits apply to estate claims, so get advice early.
Ezylegal handles wills and estate disputes. Start with a free case assessment from Rachel, and find out where you stand before you commit to anything.