A will reflects the choices you want others to follow after your death. If someone later questions that document, the outcome may affect your family and the plans you carefully put in place.
If you already have a will, understanding what can make it legally unenforceable helps you recognize potential problems before they lead to disputes. That knowledge can also make it easier to review your estate plan when major life changes occur and confirm that it still reflects your wishes.
Circumstances that can make an estate plan unenforceable
A court may consider a will invalid under certain circumstances. However, not every disagreement among relatives is enough to overturn it. The person raising the challenge generally must show recognized legal grounds supported by evidence. Common reasons a court may invalidate a will include:
- The document did not follow the required signing procedures. In New Jersey, a valid will generally must be written, signed by the person creating it and signed by at least two witnesses within the time allowed by law. If those formal steps were not followed, the court could reject the document.
- The person lacked the mental ability to create a will. At the time of signing, the individual generally must be of sound mind to understand the nature of the document, recognize the property involved and identify the people who would normally inherit.
- Someone exercised improper pressure. A will often face challenges when another person uses manipulation or a position of trust to influence decisions that do not reflect the creator’s true intentions.
- Fraud or forgery affected the document. For instance, someone might misrepresent what the paperwork says or forge a signature. Either circumstance could lead a court to disregard all or part of the estate plan.
- A newer valid will replaced an older one. When a later version satisfies legal requirements, it may control the distribution of the estate instead of an earlier document.
Even when one of these circumstances exists, the right to challenge a will does not always belong to everyone. Only certain people usually have legal standing to contest a will. That group often includes close relatives, beneficiaries under an earlier version or individuals who would inherit if no valid will existed.
Protecting your estate planning goals
Questions about a will may involve more than family disagreements. They can also affect estate administration, beneficiary expectations and other legal interests that may arise after a person’s death.
Since those issues often overlap, an attorney can help determine whether a challenge has legal support or whether an existing document remains enforceable. That review also explains how the probate process generally applies to your circumstances and what steps are appropriate under the law.