The key function of a will is to provide instructions on how assets are divided upon the testator’s death. If the testator has children, the will can also name guardians. These are individuals tasked with raising the child should the testator pass away.
For a will to function properly, it must be legally valid. Here are some factors that could invalidate a will.
Not following legal procedures
Certain legal procedures must be followed for a will to be valid. Firstly, the testator must be at least 18 years old. The will should also be signed and witnessed by two responsible adults. Not following these procedures can result in the will being invalid. The will can also be challenged if there are questions over the legitimacy of signatures. Only the testator can sign off on the terms of the will or changes.
Lacking testamentary capacity
The testator of a will must possess testamentary capacity. This means that they must be thinking clearly. If the testator has drafted a will or made changes while physically or mentally vulnerable, then the document may be invalid. Elderly and potentially vulnerable individuals should be checked by a doctor to ensure that they are of sound mind when drafting a will or making adjustments.
Ambiguous terms
The terms of a will should be very clear. Ambiguous terms may not stand up in probate court, as they are open to interpretation. It is also important that previous versions of a will are destroyed appropriately. Should an old will resurface, this can result in will contests.
Estate administration can be a complex area of law. That’s why it’s important to seek the right guidance and information.
