A will is one of the most important documents a person can create as a probate lawyer can attest. It provides clear instructions about how they want their assets and property to be distributed after death. But not all wills hold up in court. In fact, during the probate process, some wills are challenged and occasionally declared invalid. When that happens, the deceased’s estate may not be distributed according to their wishes.
Understanding what can make a will legally unenforceable can help families avoid disputes and ensure the decedent’s intentions are honored.
Common Reasons A Will May Be Invalid
There are several legal grounds for contesting a will. Here are the most common according to our friends at Vayman & Teitelbaum, P.C.:
1. Lack Of Testamentary Capacity
The person making the will (also called the “testator”) must be mentally competent at the time the will is created. This means they must understand:
- That they are making a will
- What property do they own?
- Who their natural heirs are
If someone had cognitive impairments, such as dementia or a serious mental illness, their capacity might be called into question. If a court finds that the person lacked capacity, the will could be deemed invalid.
2. Undue Influence
This occurs when someone pressures or manipulates the testator into changing their will in a way that benefits them, usually at the expense of others who would naturally inherit. This can be especially tricky to prove, but signs may include:
- A dramatic change in beneficiaries shortly before death
- A new will that contradicts previous versions without a clear explanation
- Isolation of the testator from friends or family
If undue influence is proven, the affected portions, or the entire will, can be invalidated.
3. Improper Execution
Each state has specific requirements for a will to be considered valid. These usually include:
- The will must be in writing
- The testator must sign it.
- There must be at least two adult witnesses present at the time of signing (requirements may vary)
If a will doesn’t meet the required formalities, it may be ruled invalid during probate. DIY wills or handwritten documents are especially vulnerable to this issue.
4. Fraud Or Forgery
If a will was forged, altered, or signed under false pretenses, it’s considered fraudulent and legally unenforceable. For example, if someone tricked the testator into signing a will without understanding what it was, or falsified signatures or dates, this can invalidate the document entirely.
What Happens If A Will Is Invalidated?
If a court rules that the will is invalid, the estate will typically be distributed under state intestacy laws. These laws dictate who inherits and in what order, usually prioritizing spouses, children, and other close relatives. Unfortunately, this process may not reflect the decedent’s true wishes, especially if they had estranged family members or specific charitable goals.
How To Protect A Will From Legal Challenges
To help ensure that your will stands up in court:
- Work with a qualified estate planning attorney
- Update your will regularly.
- Keep records of your mental and physical condition.
- Avoid last-minute changes without professional advice.
A will is a powerful tool, but it only works if it’s properly executed and legally valid. Taking the right steps now can help your loved ones avoid stress, confusion, and costly legal battles in the future. Contact a lawyer near you for help.