What conditions could make a will null and void?
What conditions could make a will null and void?
A will is considered legally viable so long as it was made by a person who has the mental and physical capacity to do so, and that it meets the formalities of execution. When a will is declared null, it becomes invalidated completely, meaning all of its provisions are disregarded, and it is treated as if the deceased person died without leaving a will at all. For this reason, a will must be drafted in accordance with strict legal formalities in order to be considered valid.
What conditions could make a will null and void?
The intention requirement: The most important requirement for the validity of a will is that the testator must actually have intended to dispose of his property by means of the document. While this may sound obvious, there are many situations when this intent can be questioned. For example, if the testator was under undue influence or coercion at the time he signed, or if he was mentally disabled when he signed (which could happen even if he was not aware that he had been affected by any disability), then his signature could be deemed invalid.
A failure to comply with formalities: Certain formal requirements must be complied with in order for a will to be validly executed. The most important is that a witness must sign the document.
If you're the type to make a will, it's important to know what could make your last wishes not valid and have your possessions fall under the laws of intestacy. If you're married, you should also keep in mind that marriage automatically revokes any previous wills and codicils.
If you have any questions or in need a Will and Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
