What invalidates a will?

| Feb 11, 2019 | Uncategorized |

There are very specific requirements in place to make a will valid in the state of Michigan. For example, two people must be present to witness the signing of the will. If only one person is a witness, then the court may have a valid reason to throw the document out.

You have worked hard to craft your last will and testament, as well as other documents for after you pass away. You want to make sure everything is perfect, so there is no confusion about what your wishes were. Making even one mistake is enough to invalidate a will, and this creates a lot of confusion and heartache for your loved ones. Here are a few of the factors that make a court invalidate a will, in addition to not having enough witnesses.

The will is not original

It is vital to create several copies of your will to have on-hand just in case. You should keep a copy at your own house, and it may be prudent to keep a copy in a safety deposit box at the bank. However, it is a good idea to keep the original copy with your attorney, who can produce it when the time comes. If your beneficiaries can only locate copies, then the will may be invalid.

The executor procured the will via fraud

Some people are not in the right mental capacity to read or understand a will. This may not stop some people from giving them a document and telling them it is a deed or another document. The executor had no way of knowing what he or she signed, and the court would likely throw it out.

One of the witnesses is a beneficiary

State law requires witnesses to not have any interest in the person’s will. That means a witness cannot be a beneficiary. In the event one of the two witnesses was a beneficiary who gained a lot in the will, then it may not hold up in court.