A will is more than just paper; it’s your final message to the world. You trust this document to protect your family, distribute your assets, and ensure courts honor your last wishes. Many people assume the legal system will enforce their written intentions. Unfortunately, that assumption can be tragically wrong.
Each year, probate courts see countless will challenges. In some cases, a court throws out a will before even considering its contents. The court then sets aside the deceased’s wishes, throwing the estate into chaos. You must understand the technical tripwires that can invalidate a will to ensure your final testament stands strong.
The Will Fails the ‘Testamentary Formalities’ Test
This is the most common reason courts invalidate a will. Every state has extremely strict, technical rules for signing and witnessing a will. These are not mere suggestions; they are rigid requirements. For example, the testator (the person signing) must sign in the physical presence of two disinterested witnesses. Then, those witnesses must sign in the presence of the testator and each other.
A simple mistake can be fatal. If one witness leaves the room during the signing, a court could throw out the entire will. Using a beneficiary as a witness or failing to have enough witnesses are classic errors. These mistakes give challengers an easy victory in court.
The Testator Lacked ‘Testamentary Capacity’
A will is only valid if its creator had the mental capacity to understand their actions. They didn’t need to be in perfect health. However, they must have met a specific legal standard at the moment they signed the document. The court will ask simple questions. Did they know they were signing a will? Did they generally know what property they owned and who their heirs were?
Challenges on this basis often arise when someone signs a will late in life. This is especially true if the person suffered from dementia or another cognitive impairment. Medical records, caregiver testimony, and a lawyer’s notes all become critical evidence. They help prove the testator was of sound mind.
The Will Was a Product of ‘Undue Influence’
This is a sinister but common challenge. Undue influence occurs when a powerful person manipulates a vulnerable testator. They convince the person to change their will for the influencer’s own benefit. This is not simple persuasion; it’s coercion that overpowers the testator’s free will.
A classic example involves a manipulative caregiver. The caregiver might isolate an elderly person from family and convince them to leave everything to the caregiver instead of the children. Courts look for red flags like a sudden, unnatural change in the estate plan. If a challenger proves undue influence, the court throws out the will because it doesn’t reflect the deceased’s true intent.
The Will Was Procured by Fraud
Fraud differs from undue influence because it involves outright deception. One type is “fraud in the execution,” where someone tricks the testator into signing a document without realizing it’s a will. For instance, a person might slip the will’s signature page into a stack of other papers for an elderly person to sign.
Another type is “fraud in the inducement,” where someone feeds the testator lies to change their will. A malicious relative might falsely claim another sibling has a gambling problem. This lie could induce the parent to disinherit that sibling. A court will not uphold a will based on such deceit.
A More Recent, Valid Will Exists
People often create multiple wills during their lifetime. As a general rule, the most recent valid will revokes all previous ones. A major court battle can erupt over competing wills. For example, one family member might produce a will from 2015, while another comes forward with one from 2020.
The court must first determine which document is the final, controlling one. This involves scrutinizing the dates and ensuring the newer will meets all legal formalities. If the court finds the newer will is valid, it treats the older one as if it never existed.
Your Final Word Must Be Legally Sound
Creating a will feels like a personal act, but impersonal legal principles govern it. A simple procedural error or a moment of vulnerability can give disgruntled heirs an opening to dismantle your final wishes. The heartbreak and expense of a will contest can tear a family apart.
That’s why you should work with an experienced estate planning attorney. It’s not a luxury, but a critical investment. This ensures people hear your voice long after you are gone.
The process of executing a loved one’s will can be full of surprises. Share a time when you were involved in or witnessed an estate settlement. What was the most unexpected part of the process?
What to Read Next…
10 Moments When a Will Doesn’t Prevent Probate Pain
10 Tiny Things You Did That Your Partner Will Literally Never, Ever Let Go Of
Here’s Why Your Estate May Face Heavier Taxes Than Billionaires
7 Reasons Your Parents’ Estate Could End Up in the Hands of a Stranger
9 Facts Lawyers Discover Too Late About Digital Estate Rights
The post Why Some Wills Are Thrown Out in Court Before They’re Ever Read appeared first on Budget and the Bees.
