A will is a formal legal document that expresses a person’s last desires regarding the disposition of their belongings upon their death. But not every will is enforceable, and there are a number of reasons why a will might not be upheld. The most frequent grounds on which a will is deemed void are listed below.
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Lack of Capacity
A person lacking the mental capacity to make a will is one of the most frequent reasons a will could be deemed invalid. According to the law, a person drafting a will has to be aware of the types of assets they own, how much of them they are giving away, and who might be able to inherit them. The will might be ruled void if it can be demonstrated that the maker did not have the mental capacity to comprehend these things.
Undue Influence
If the person drafting the will was influenced unreasonably by someone else, the bill will be deemed invalid. When someone uses their position of authority to sway someone else’s decision-making to go against their own interests, then it is known as undue influence.
Improper Execution
For a will to be deemed legitimate, it must be properly carried out. This implies that the testator must sign the will in front of witnesses, and the testator must sign the will in front of the executor. The will might be ruled void if it was not carried out correctly. For instance, the will might be ruled void if the witnesses were absent when the testator signed it.
Fraud
A will might be ruled void if it was obtained by fraud. This can happen if someone tries to convince the person writing the will to leave them something in the will by lying or hiding material facts. The will might be deemed invalid, for instance, if someone falsely informs the person writing the will that a specific family member has passed away.
Duress
Duress is a situation when someone coerces someone into doing something against their will by using force or threats. The will could be ruled void if it can be demonstrated that the testator was under coercion when they made it. The will might be ruled void, for instance, if the testator is threatened with bodily harm unless they give them a larger portion of the estate.
Mistakes
The will may be deemed invalid if errors exist that significantly alter how the estate is distributed. For instance, if the testator intended for their spouse to inherit their estate, but the will’s provision inadvertently transfers a part of the estate to a third party. This can happen because of a clerical error or mistake during the will’s drafting.
Revocation
A will that has been revoked may also be deemed invalid. A testator may revoke a will at any point prior to death by either destroying the original document or creating a new one that nullifies the previous one.
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