2 reasons your will can be invalidated

On Behalf of | Jan 17, 2023 | Estate Planning |

It’s natural to want to leave something behind for the people and causes you care about when you die. To do so, however, you need to articulate your wishes in writing. And one of the most effective estate planning tools you can use to achieve this is a will. 

Unfortunately, a will can become a subject of a costly legal battle with lasting financial and relationship implications. Worse still, your will can be voided, and this can be a huge setback to your legacy. But what can lead to the invalidation of your will? Here are two common reasons why your will can be rendered invalid by the probate court:

If it was improperly executed

Will execution requirements vary from state to state. For your California will to be deemed properly executed, it must be made in writing, signed by you (the testator) and witnessed by two adults of sound mind who are not named as beneficiaries. A will that is not properly executed can successfully be challenged and invalidated. 

If you lacked testamentary capacity

Under California’s wills laws, anyone above the age of 18 is presumed to understand what goes into creating a will. Additionally, you must be of sound mind when creating your will. If the court establishes that you had a degenerative condition like dementia or at the time of creating your will, then your testamentary capacity can be questioned. And this can lead to the invalidation of your will. Likewise, if you were under the influence of drugs or alcohol, then your will can be invalidated. 

A will is one of the most crucial legal documents you can ever create. With one in place, you will have peace of mind knowing that your hard-earned assets will go to the right people when you die.

Beverly Hills Bar Association
Super Lawyers
The State Bar of California
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