To learn more about what can invalidate a will in Pennsylvania, read on and reach out to our Butler County will preparation attorney to learn more.
What can invalidate a will?
There are a number of issues that can arise that can invalidate a will or cause challenges. Some of these issues can include the following:
- Last-Minute Changes
- One of the most typical experienced situations is if a deceased person executed a will close to the end of life that substantially alters their estate plans. When a will is prepared, an individual who wants to contest the document should check a number of different things to determine whether the document is valid. When it comes to estate planning documents made near the end of a person’s life, a detailed analysis should be made regarding whether the person had the adequate mental capacity to execute the document.Also, if a person is dying or experiencing mental disorders, that individual could likely be powerless to the influence of other people which may require them to change the terms of their estate plan. Basically, whenever an estate planning document is made in the last part of a person’s life, these documents must be examined carefully.
- Undue Influence
- Another issue is when a person obtains control of the deceased individual’s finances and health care and a new will is crafted. When an individual has put themselves in the life of a deceased person and it appears that they have acquired control of the deceased individual’s life, it usually indicates a personal relationship. If a confidential relationship exists and a will is created that benefits this person, a presumption that a will is invalid could happen. Because of this, if a person has power of attorney or when a person is overexerting control of a deceased individual, a newly created will should be inspected.
- Issues Concerning Mental Capacity
- Wills can also be questioned if they were constructed at the time that a deceased person’s mental capacity was uncertain because of either a degenerative condition or an intervening event that resulted in mental incapacity. To sufficiently execute a will, a deceased individual must have the mental capacity to do so. This indicates that a person must appreciate the assets they own and must value them to whom they want to pass on their assets. Even though the standard is low, times exist when a will could be validated as the result of a deceased individual experiencing a degenerative mental condition. When wills are managed under these conditions, wills might be contested because of a lack of mental capacity.
CONTACT OUR EXPERIENCED PENNSYLVANIA FIRM
Whether you are dealing with matters involving estate planning, estate administration, or elder law, you need a legal team you can feel confident will represent your best interests, every step of the way. We are that legal team. Contact Heritage Elder Law & Estate Planning today so we can get started.