The recognised issues
Rule 42 of the Administration of Estates Rules identifies pleas commonly raised by a party opposing a will: lack of due execution; lack of sound mind, memory and understanding; undue influence; fraud; and lack of knowledge and approval of the contents. Each is a distinct issue. An unexpected gift, by itself, does not establish any of them.
Start with the document and chronology
Preserve the original will and earlier versions. Record when instructions were given, who arranged the appointment, who was present, the health of the testator and any relevant communications. Do not write on, staple or alter an original testamentary document.
Evidence must fit the allegation
A concern about capacity may involve medical and factual evidence close to the date of execution. An allegation of undue influence or fraud requires a properly particularised factual case. Witnesses to execution, the drafting file and the circumstances in which the contents were explained can all be relevant.
Act before the estate moves
Obtain advice promptly if a grant, distribution, sale or other deadline is imminent. The correct protective or court procedure depends on the stage of administration and the relief sought. This article does not replace review of the will, the evidence and the procedural timetable.