VIC Will dispute

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Gary 196633

Active Member
29 September 2024
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0
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Hi,My solicitor is asking $10k to get advice from a barrister before going ahead with my case. It is regarding the mental capacity of the deceased when the will was changed. His Doctor has stated that he didn't have mental capacity to change the will as well.Probate was granted 1 month ago.
Thanks Gary
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,106
833
2,894
Sydney
What is your question?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,106
833
2,894
Sydney
Oh, for sure.

What your solicitor is asking the barrister to do
is to apply the barrister's specialist knowledge and skills
to advise whether or not this particular matter
is a matter that has (as lawyers say) "reasonable prospects of success".

("Is there enough here to even "start something"?
And if we do, does it have a reasonable chance of succeeding?")


This is not just tradies coming around to give you free quotes.
In will disputes involving a late-in-life change to the will,
where the capacity of the testator is in question,
and where there can be questions of undue influence, or even duress,
it can get very complex, very quickly.
Emotion, opinion, and "feelings"
are often mistaken (by clients) for evidence.
Medical evidence can be scarce, or inconclusive.

It's a big deal to work out if it's even a goer.