Invaliding a Will
Invalidating a Will
Invalidating a will is often done by and interested party after the death of the testator. Often times it is a family member who feels they have not be adequately or equitable supplied for by the terms of the will, and stands to gain substantially if the will were to be invalidated.
A will shall be invalidated if:
a. The testator was not competent at the time the will was executed. This can be the result of the testator being under the age of 18 at the time, or considered to be legally insane.
b. The will was not completed according to the formalities of execution.
c. The will was a result of:
-Duress – making out the will out of fear, usually of bodily injury.
- Misrepresentation – the testator has been influenced in making his will by a false statement. For example, a father intentionally does not provide for his daughter based on a lie about the daughter supplied by his son.
- Undue influence – when someone uses a position of trust or dominance over the testator to their advantage in the will.
Where any of these situations occur, the court may invalidate the whole will, or simply the sections that include any tainted bequests.