The probate process gives families and beneficiaries a chance to carry out a loved one’s final wishes. However, there are times when the contents of a will raise serious concerns.
While most wills move through probate without issue, courts recognize that errors or misconduct may affect whether a will should be honored. Here are some common reasons a court may find a will invalid.
1. Lack of a sound mind or outside pressure
A will is only valid if the person creating it understood what they were doing and did so of their own free will. This means they must have been aware of the nature of their estate, the people they were including or excluding, and the consequences of their choices. If the person suffered from dementia, delusions or a similar condition at the time they signed the will, it may be possible to argue that they lacked the required mental clarity.
Even if the testator was mentally competent, a will could still be challenged if someone close to them used pressure or manipulation to influence its terms. Undue influence is often raised when a vulnerable person suddenly changes their estate plans in ways that benefit a caregiver, romantic partner or other figure with a strong hold over them.
2. Conflicts with a newer will
When more than one will exists, courts generally give preference to the most recent version. But confusion can arise if an earlier will was not unequivocally revoked. If there is disagreement about which version to follow, the court may step in to settle the dispute.
3. Fraud or forgery
A will should reflect the testator’s true intentions. If someone else altered the document, faked a signature or tricked the testator into signing it without knowing its contents, the court may determine that the will was the result of fraud or forgery.
Challenging a will can be difficult and emotionally charged, especially when family relationships are involved. If you believe a will does not reflect the true wishes of the person who created it, obtaining legal guidance can help understand your rights and next steps.
