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Mar 2018

Errors that make your will invalid

Errors that make your will invalid

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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