However, a Will is a legal document of a person on a paper about the administration of his assets and wealth after his demise. Hence, it is an independent paper that takes force upon the death of a person allowing the beneficiaries to administer the wealth, property and assets.
Following are the ways that makes will invalid.
- When the Will has not in written or signed by the testator or will maker in the presence of, and at the direction of the Will maker, according to the handbook of New South Wales Government. Each states have their own requirements and preferred language that should be used in the Will.
- Witnesses did not acknowledge the signature of the Will maker.
- Two or more witnesses have not signed the Will in the presence of Will maker
- The testator or Will maker did not sign with the intention of executing a Will.
- Will has not up to date as the legal rights of Will maker or testator has changed – Divorce, Seperation, Marriage, Change in their financial situation, The death of spouse or beneficiaries, Having grandchildren or children. (What Makes Will Invalid).
- The testator did not have in mental capacity at the time of executing the Will. This can get challenged by looking into whether the person as well at that time.
- There is another Will make at the later date. If you have previous will, it is important that you should destroy all the copies of them when you create a new one.
- Alteration in the will after it has initially signed.
- The testator may force or pressured to produce the will.
- Will may have made under undue influence or fraud
- Testator of Will is of unsound of mind or below 18 years of age. Minor is not in a position to make informed decisions. Law forbids him/her from making a Will. Law states that a person who is in the right frame of mind can make a will.
Conclusion (What Makes Will Invalid)
You can challenge a Will if you are a qualified person according to the Succession Act 2006. However, you need to apply to the court for a Family Provision order within 12 months from the death of Will maker. This also called as “Family Provision Claim”.