Drafting a will gives a person peace of mind. They know there are instructions for the distribution of their property and potentially protections in place for their loved ones.
They can feel confident about leaving a positive legacy when they pass. Unfortunately, some wills end up set aside during probate proceedings, as people challenge them or the courts determine that they are invalid.
What are some of the scenarios that may prompt the courts to validate a will?
1. Inappropriate inclusions
In some cases, wills may contain instructions that violate the law. For example, a person may try to fully disinherit their spouse. Other times, the assets addressed in a will may already have alternate arrangements made through deeds, trusts or financial paperwork. The courts can set aside wills due to inappropriate inclusions or instructions that only address assets that the will cannot directly control.
2. A lack of witnesses
When people sign wills they draft or print themselves, they may fail to fulfill state requirements, such as obtaining signatures from at least two competent witnesses. If a will does not fulfill all of the legal criteria established by state statutes, the courts may determine that setting it aside is the best course of action.
3. Concerns about capacity
Sometimes, people draft documents after they have developed medical issues that affect their legal capacity. Other times, people may draft or update paperwork due to coercion or pressure from other people. In such cases, the courts may decide that the document is invalid and set it aside during probate proceedings.
Understanding what may invalidate a will makes it easier for people to draft valid documents and navigate the probate process. A lawyer can help assess a will and determine if it could be subject to a contest.