There are a number of things that can make a probate invalid. Some of these include lack of testamentary capacity or the presence of undue influence.
When a will is deemed invalid by the court, the estate is divided according to the law of intestate succession. Typically, the person contesting the will must provide proof to the court that the will is not valid.
Lack of testamentary capacity
A valid will is made when the person who signs it (the testator) has the mental capacity to understand what they are doing and what their actions will have on their property. This is known as testamentary capacity and it is a legal standard that must be met.
A court must also be satisfied that the person was free from any mental illness or condition that could have caused them to lack testamentary capacity. Usually, this is not a hard standard to meet.
In some cases, a doctor may be asked to provide a medical opinion regarding the testator’s ability at the time of making the will. In other cases, it is possible for a video will or other evidence to prove that the person understood what they were doing.
A court may invalidate a will on the basis of lack of testamentary capacity if the testator was suffering from dementia or other mental illnesses that could have impaired their understanding at the time they signed it. However, a court should only find this to be the case if there is enough proof.
Undue influence
Oftentimes, we receive claims from family members who believe that their loved one was unduly influenced at the time they executed or amended their Will or trust. This can happen in a variety of ways, including deception, intimidation, threats, or isolation from family and friends.
As a result, the victim may feel as if they are powerless and vulnerable to others. They might have a difficult time expressing their wishes, and are unable to make sound decisions about their finances or estate plans.
California defines undue influence as a form of abuse that involves pressure, duress, force, or coercion to the extent that it impairs the person’s free agency and ability to choose. It is a serious issue that disproportionately affects elderly people in the state and around the world.
Irregularities in the will
The courts may not be able to validate your will if it is ambiguous, poorly constructed, or written under suspicious circumstances. These irregularities could make it difficult for the Surrogate’s Court to accept your will, which can cause problems for beneficiaries and heirs.
In a will, it is important that the language and designations are clear so that all parties know exactly what their role is. Typos, grammatical errors, and numerical mistakes can call the true intent of the provisions into question.
If you have concerns about a will, it is advisable to seek the assistance of an experienced solicitor. They will be able to advise you on what irregularities can be seen in your will and how to contest them.
Mistakes in the will
A Will is a significant document and it’s important to get it right. It sets out your wishes for what should happen to your assets after you die and it ensures that you pass on a valid legacy.
If you make a mistake or if someone does, your Will can be made invalid which could mean that your legal heirs end up with nothing at all. This can be devastating to those who are owed an inheritance, so it’s best to avoid making any mistakes when writing your will.
A will can be deemed invalid if it does not meet the requirements of the law and this may include a number of different factors. These include a lack of testamentary capacity, undue influence and a misunderstanding of legal terms.
