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.