6 Times a Will Was Overturned Due to Technicalities
Wills are supposed to make things simple. You write down your wishes, sign the document, and your loved ones know what to do when you’re gone. But sometimes, even a small mistake can turn everything upside down. Courts have overturned wills for reasons that seem minor but have huge consequences. If you think your will is airtight, these stories might make you think again. Understanding how a will can be overturned due to technicalities can help you avoid costly mistakes and protect your family’s future.
If you’re planning your estate or helping a loved one, knowing what can go wrong is just as important as knowing what to do right. Here are six real-life cases where a will was overturned because of technicalities. Each one offers a lesson you can use to make sure your own will stand up in court.
1. Missing Witness Signatures
A will usually need witnesses. In many states, two witnesses must be present to watch you sign your will and then sign it themselves. In one case, a woman’s will was invalidated because only one witness signed it. The court ruled that the will was invalid, and her estate was distributed to relatives she had not even mentioned. This happens more often than you might think. If your state requires two witnesses, missing even one signature can undo your entire plan. Always check your state’s requirements and ensure that every necessary signature is in place.
2. Outdated Will Not Properly Revoked
People often update their wills as life changes. But if you don’t clearly revoke your old will, things can get messy. In one case, a man wrote a new will but didn’t destroy the old one or state that it was revoked. After he died, both wills surfaced. The court found the new will wasn’t clear enough about replacing the old one, so neither was followed. Instead, the estate was divided by state law. If you write a new will, make sure it says it revokes all previous wills, and destroy the old copies. This simple step can prevent confusion and legal battles.
3. Improper Execution
Every state has rules about how a will must be signed. In one case, a will was signed by the person making it, but not in front of the witnesses. The witnesses signed later, in a different room. The court said this didn’t count. The will was overturned, and the estate went to people the deceased never intended. Always sign your will in front of your witnesses and have everyone sign at the same time. If you’re not sure, ask a lawyer or use a notary. Small mistakes in execution can have big consequences.
4. Undue Influence
Sometimes, a will is challenged because someone pressured the person making it. In one case, an elderly man left everything to his caregiver, cutting out his children. The children argued that the caregiver had influenced them unfairly. The court agreed, saying the will was a result of undue influence and overturned it. The estate was then divided among the children. If you’re helping someone make a will, make sure they’re acting freely. Avoid situations where one person is alone with the person making the will, especially if they stand to benefit.
5. Lack of Testamentary Capacity
A person must be of sound mind to make a will. In one case, a woman with dementia changed her will to leave everything to a neighbor. Her family challenged the will, arguing she didn’t understand what she was doing. The court found she lacked testamentary capacity and overturned the will. The estate went to her family instead. If you’re making a will and have any health issues, get a doctor’s note stating you understand your actions. This can help prevent challenges later.
6. Handwritten Wills Without Proper Formalities
Handwritten wills, or holographic wills, are legal in some states but must meet strict rules. In one case, a man wrote his will by hand but didn’t date it. The court said the will was invalid because it was missing a date, which is required in that state. His estate was divided by state law, not his wishes. If you write a will by hand, make sure you follow every rule, including dating and signing it. Better yet, use a formal will and have it witnessed.
Protecting Your Will from Technicalities
These cases illustrate how easily a will can be overturned due to technicalities. Missing signatures, unclear revocations, improper execution, undue influence, lack of capacity, and informal handwritten wills can all lead to your wishes being ignored. The best way to protect your will is to follow your state’s rules exactly. Use precise language, get the right witnesses, and keep your documents up to date. If you have any doubts, talk to an estate planning attorney. A little extra effort now can save your family a lot of trouble later.
Have you or someone you know faced a will dispute? Share your story or thoughts in the comments below.
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