What Happens If A Will Isn’t Valid?

A will can be declared invalid where there is found to have been ‘undue influence’ on the testator. … There is no presumption in law that undue influence has taken place simply because a person in a position of power or trust is the beneficiary of assets and the case will be decided on the facts.

What are the three conditions to make a will valid?

The three conditions to make a will valid are intended to ensure that the will is genuine and reflects the wishes of the deceased.

  • Condition 1: Age 18 And of Sound Mind. …
  • Condition 2: In Writing And Signed. …
  • Condition 3: Notarized.

Does a will have to be original to be valid?

It can be very difficult to prove the validity of copy of a will in court. So it’s important to have an original version of a will. Probate courts want the original document and will not accept a copy if the location of the original is known.

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