What Happens if a Will is Found to Be Invalid?
A valid will is the bedrock of a well-structured estate plan, ensuring that a person’s final wishes are honored and their assets are distributed according to their intentions. However, not all wills stand uncontested. In some cases, disputes arise when beneficiaries or other interested parties believe a will is invalid due to concerns like undue influence, lack of capacity, or fraud. This can lead to complex legal battles that may significantly alter the distribution of an estate if the will is found to be invalid. If a court determines that a will is invalid, the estate may be subject to intestacy laws, meaning the deceased’s assets could be distributed in a way that does not align with their original wishes. Understanding why wills are challenged and the potential outcomes of a will contest is essential for anyone involved in estate planning or probate litigation.
Common Reasons for Invalidating a Will
One of the first reasons for a will to be declared invalid is due to a lack of testamentary capacity. It is important that the person creating the will, known as the testor, be of sound mind at the time of its execution. If it can be shown that they were not of sound mind, or unaware of the nature and value of their assets, it can be grounds for determining a will to be invalid. Another reason for a will to be declared invalid is undue influence. This can occur both during the original drafting of the will, as well as during edits and revisions. Typically, undue influence manifests itself as another individual exerting excessive control over the testator, such as coercing them into making decisions they otherwise wouldn’t have made. This can include unusual or drastic changes to a will that favors a particular person, as well as isolation of the testator from their family or friends. Additionally, it is possible for a will to be invalided simply due to it not meeting the specific legal requirements. In Michigan, there are several specific requirements laid out to ensure that a will is valid. The first is that it be signed by the testator or someone in the presence of the testator and by their direction. Additionally, there is a requirement that it be signed by a minimum of two individuals, including the testator or someone signing on their behalf in their conscious presence. If it can be shown that a will did not meet these requirements when it was signed, it can be invalided by a court.
Asset Distribution with an Invalid Will
When a will is deemed invalid, the court must determine how to distribute the deceased’s assets. In some cases, the estate may revert to a previous will, provided that an earlier document exists and meets all legal requirements. However if no valid will is found then the estate is handled according to intestate succession laws. These laws prioritize spouses, children, parents, and other close relatives, distributing assets based on a legal hierarchy. The absence of a valid will can also lead to additional legal disputes, particularly among family members or creditors who believe they are entitled to a share of the estate.