What happens to a will that has been tampered with written on? Is it still valid?
Will tampering is the act of intentionally changing a will to benefit someone else. Tampering with a will can include forging signatures on the document, tearing out a page, adding pages or even altering clauses in the document. It is important to note that a will can be altered by anyone. This means that if you make a new will, it is possible for your cousin to remove you as a beneficiary and add his girlfriend instead. The question is: Is this legal?
The answer depends on whether or not the person who altered your will had testamentary capacity when they did it. Testamentary capacity refers to the ability to understand and make decisions about property ownership when you write your will. If someone alters your will when you are mentally incapable of doing so, the will cannot be legally enforced. So if you have Alzheimer's disease and give away all of your property to your neighbor, then he changes your new will making him sole heir, the court will not enforce this new will because at the time it was written, you were not in proper mental condition. But if you were lucid and made sure that everything was in order, then even if someone alters it later, the courts may still enforce it because it was valid.
If you need an Estate Law Attorney, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
