We’ve discussed the idea of challenging the validity of a will before, including some creative ways to prevent such challenges like no-contest clauses.
This time let’s discuss the subject of a will’s validity but from another side, let’s focus on some of the issues that can make a will invalid and how to avoid them.
Coercion and Duress
First things first, judges in Minnesota do not like to see any evidence that someone may have coerced the testator (the person creating the will) into drafting the document. This coercion does not need to be a literal gun to the head (though that works too), but can be more subtle, emotional influence that forces the person crafting the will to do something he or she did not truly intend to do. Loved ones who exert too much influence over elderly individuals or caregivers who attempt to sway isolated and possibly frightened individuals into granting them a piece of the estate are all examples of either coercion or duress. Any will that was created or changed due to coercion can be challenged and found invalid.
Fraud
Fraud can occur in cases where someone other than the testator has altered a will. This can be achieved by crossing out provisions, adding or removing pages, forging signatures or creating fraudulent amendments. In any case, if it can be proven that any aspect of the will was the product of fraud, that provision and possibly even the entire document can be set aside and found invalid.
Improper Execution
We’ve previously discussed some of the rules that are required in Minnesota for a will to be considered validly executed. All this means is that the particulars were followed under the law to ensure the will is genuine and legally enforceable. The law in Minnesota says that the testator must be at least 18 years old, the will must be signed by the testator or another person under the testator’s direction and there must be at least two witnesses who saw the signing. Any failure to follow these rules can threaten the validity of your will and open the document up to being challenged in court later by disagreeable heirs. Given the importance of following such rules, it’s recommended that you consult with an experienced Minnesota estate planning attorney who can help ensure you’ve dotted all your i’s and crossed your t’s.
Lack of Capacity in a Minnesota Will or Trust
Troubles regarding lack of capacity or incompetence are common reasons to challenge the validity of a will. These cases are based on the idea that for a will to be valid the testator must have been of sound mind and not suffering from any disease or condition that renders him or her incapable of understanding what they are doing. Individuals with Alzheimer’s, dementia or other disabling conditions may not be sufficiently able to understand the legal significance of what they are doing and thus may not be able to execute a will.
In other cases, individuals can be found to temporarily lack the capacity necessary to execute a will. Examples include cases where a testator is drunk or under the influence of drugs. In such cases, the entire will can be set aside as invalid if it is proven to the satisfaction of the presiding judge that the person was not in his or her right mind at the time.
Who can sue?
Remember that anyone may bring a claim of fraud in a will contest if he or she has standing. In a will contest, standing means you are an “interested party,” or someone who has something to gain or lose from the will being interpreted as it is. You do not have to be a child of the testator to claim that there was fraud; you just have to have a dog in the fight.
Though it may be confusing, creating an effective estate plan does not have to be an overly complicated process. An experienced Minnesota estate planning lawyer can help walk you through the process of establishing or updating a will or trust. For more information on estate planning in Minnesota, along with a variety of other topics, contact Joseph M. Flanders of Flanders Law Firm at (612) 424-0398.
See Our Related Blog Posts:
Minnesota Estate Planning And The Purpose Of A No-Contest Clause
Minnesota Estate Planning: What A Will Won’t Do
this is exactly what me and my sisters are going through. we are in the process of challenging the validity of a mysterious 2nd amendment that was brought to the trustee the day after our dad passed away. he made it clear in his will that his will become irrevocable after death. An employee typed up the amendment that gave another employee our dads business. that is what was in the 2nd amendment.. it is nothing but a stressful nightmare