Questions About Validity of Wills
The vast majority of wills presented for probate are valid, according to the legal website Nolo. State laws govern wills, so the requirements for validity can vary somewhat depending on where you live. When the executor of an estate, the person named to oversee the probate process, presents a will to the court, the clerk makes sure that it meets the state's legal standards. Even if the clerk accepts the will, anyone who has a legal interest in it can contest it later, such as beneficiaries or heirs.
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What Makes a Will Invalid?
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A will must conform to the laws of the state where the deceased lived when he wrote it. Most states require that the testator, or the person writing the will, is at least 18, and the will must usually be signed by two witnesses. The testator must also be of "sound mind" and make the terms of the will without any pressure from family members or beneficiaries. The testator's signature must be legitimate, and some states require that the signature be on a certain part of the will, usually at the very end.
What Constitutes Sound Mind?
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The threshold for sound mind is very low. Writing a will requires less mental capacity than signing any other legal document. Generally, the testator must only have an understanding of what her property consists of and her relationship with the people she is leaving it to. Some red flags that indicate a testator was not of sound mind include a much-loved family member omitted without cause, or leaving all her property to a charity no one ever heard her mention. A history of alcoholism, drug abuse, Alzheimer's or other dementia might also provide cause for an heir to challenge the testator's mental soundness.
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Is a Handwritten Will Valid?
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The validity of handwritten, or holographic wills, varies widely by state. Some states will accept them if they are witnessed; others don't require this. Generally, probate courts will only accept handwritten wills as valid with definitive proof and a sworn statement by the executor that the handwriting is that of the deceased.
What Happens if a Will is Declared Invalid?
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If the clerk decides that a will isn't valid when presented for probate, the court will usually settle the testator's estate as though he hadn't left a will at all. All states have intestacy laws, an order of succession for relatives to inherit when a loved one dies without a will. Generally, his spouse and children inherit first.
If the validity of a will is challenged in a will contest, and if the challenge is successful, the court may throw out portions of the will or the whole thing.
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References
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