A will is a legal document that outlines a person’s final wishes for the distribution of their assets after they pass away. However, not all wills are valid, and there are several reasons why a will may be deemed invalid. Listed below are the most common reasons why wills are considered invalid.
Lack of Capacity
One of the most common reasons why a will may be considered invalid is if the person making the will lacked the mental capacity to do so. The law requires that a person making a will must understand the nature of their assets, the extent of what they are giving away, and the people who may have a claim to their estate. If it can be proven that the person making the will lacked the mental capacity to understand these things, the will may be declared invalid.
Undue Influence
Another common reason why a will may be considered invalid is if the person making the will was unduly influenced by another person. Undue influence occurs when someone uses their position of power to persuade the person making the will to make decisions that are not in their best interest. For example, a caregiver who spends a lot of time with an elderly person may use their influence to persuade the elderly person to leave them a large portion of their estate. If it can be proven that the person making the will was unduly influenced, the will may be declared invalid.
Improper Execution
A will must be executed properly in order to be considered valid. This means that the person making the will must sign it in the presence of witnesses, who must also sign the will in the presence of the person executing the will. If the will was not executed properly, it may be declared invalid. For example, if the witnesses were not present when the person making the will signed it, the will may be declared invalid.
Fraud
If a will was obtained through fraud, it may be declared invalid. This can occur if someone makes false statements or conceals important information in order to persuade the person making the will to leave them something in the will. For example, if someone tells the person making the will that a particular family member has passed away when they have not, in order to persuade the person making the will to leave them a larger share of the estate, the will may be declared invalid.
Duress
Duress occurs when someone uses threats or force to make the person making the will do something they do not want to do. If it can be proven that the person making the will was under duress when they made the will, the will may be declared invalid. For example, if someone threatens the person making the will with physical harm unless they leave them a larger share of the estate, the will may be declared invalid.
Mistakes
If there are mistakes in the will that materially affect the distribution of the estate, the will may be declared invalid. For example, if the person intended to leave their estate to their spouse, but due to a clerical error or mistake in drafting the will, the provision in the will mistakenly leaves a portion of the estate to a non-relative, the will may be invalidated.
Revocation
A will may also be declared invalid if it has been revoked. A will can be revoked by the person making the will at any time before their death, either by destroying the original will or by making a new will that revokes the old one.
In conclusion, a will is an essential document that helps ensure that a person’s estate is distributed according to their wishes. However, there are several reasons why a will may be deemed invalid, including lack of capacity, undue influence, improper execution, fraud, duress, mistakes, and revocation. If you are making a will, it is essential to ensure that it is executed properly and that you are not under undue influence or duress. This will help to ensure that your wishes are carried out after your death.
Contact the Reecer Law Firm PLLC for Assistance
Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. If you have questions or concerns regarding a will or its validity, please contact us for more information about how we can help you.
Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210 and our phone number is (940) 382-3168.
