Monday, November 23, 2009

Ways a Will Might Be Deemed Invalid

Even if a person dies with a Will (which is known as dying "testate"), a court generally has to have an opportunity to allow others to object to the Will, and if there are any objections, to determine if the Will is valid, because it is always possible that
(1) There was a later Will (which, if valid, would replace the older Will);
(2) The Will was made at a time the deceased was not mentally competent to make a Will, or
(3) the Will was the result of fraud, mistake, or "undue influence";
(4) The Will was not properly "executed" (signed);
(5) The so-called Will is actually a forgery;
(6) For some other reason (such as a pre-existing contract) the Will is not fully valid; or
(7) There are other claims against the deceased's estate that impact what the beneficiaries under the Will would receive.

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