Errors That Make Your Will Invalid

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Home gt Blogs gt Errors that make your will invalid
Errors That Make Your Will Invalid
Mar 2018
In Green Homes
There are high chances of errors in your will if
you don't make it with the consent of a lawyer.
But, do remember that even a small error in the
document would be sufficient to make it null and
void in eyes of the law or court and the legal
heirs may end-up fighting over this will after
you are gone.
What are the things that would turn the will as
invalid?
A will not attest by the witnesses Any will
becomes invalid if it isn't by at least two
witnesses. There have been cases where people
have died leaving only a piece of paper stating
that the wife could inherit all the fortune. The
will was signed by one witness, was not actually
registered. Interestingly, Supreme Court ruled
that will was invalid because it wasn't attested
by two witnesses. Will not signed by the
testator A will may have the valid components but
it isn't signed by the person who is actually
making it, it certainly will be termed as
illegal. The person making the will needs to make
the thumb impression enough to make the will
valid. A will procured by forgery, coercion or
fraud The cases have been reported where the
wills have been made under the fraud or the
influence. If this actually matter is proved to
be in the court of law, the will becomes invalid.
The testator is of unsound mind or below 18
years Law does state that a person who is in the
correct frame of mind can, of course, make a
will. If the person I of a sound mind, only then
he can actually take the correct decision of how
to bequeath the property after he is gone.
Likewise, a minor is not in a position to take
any informed decisions. The law of this forbade
him or her to make the will. A will has not been
dated
A will attested by two witnesses as well as been
duly signed by testator but if it is not dated,
it automatically becomes void. Also, the law says
that new will with the late date would actually
make previous one null and void. If the will is
termed invalid, the court takes the decision to
distribute the property as if there was no will
that ever existed. This distribution follows the
intestacy laws as well as is guided by the
familial relationships.
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