Ideally, a will should be valid when it bears the signature of the testator with capacity, is duly witnessed by two adults, is dated, and is in writing. Some states do not require witnesses for a will if it is handwritten (known as a holographic will) and signed by the testator, but requirements vary widely.

A valid will remains in force unless it is replaced or revoked. If issues such as the potential that a testator was influenced when making the will or issues about their mental capacity arise, a will’s validity comes into question. The beneficiary must take steps to successfully prove that the will is valid in court.

If you find yourself in such a situation, here are some of the steps you should take.

Step 1: Present Evidence That the Will Is Valid

Evidence that proves that a will is valid includes:

  • Testimony: A witness testimony will confirm that the testator signed the will and that they were of sound mind.
  • Exhibits: Presenting items like text messages, emails, photos, documents, and other objects.
  • Original Will: The judge will request an original will and not a copy, which is usually presented alongside witness testimony.

Step 2: Address Challenges to the Will

Different reasons would warrant someone to challenge the validity of a will, and you should understand how to address these challenges.

The Issue of Testamentary Capacity

You must prove that the testator did not lack testamentary capacity in order to prove that a will is valid in court. Proving a testator’s mental capacity means getting the necessary evidence defining their state of mind at the time of making the will and signing it. A lawyer who was involved in preparing the will can make a detailed note, which is then used to demonstrate that the testator met the testamentary capacity.

Undue Influence

The challenger is required to demonstrate beyond reasonable doubt that the testator made the will under undue influence. However, such a claim will only succeed if the court is satisfied that the challenge provided evidence that the testator did not act on their own accord.

Strengthen Your Case with Expert Legal Guidance

Disputes over a will’s validity often arise when beneficiaries feel they have been unfairly treated. These challenges can be based on claims that the testator lacked mental capacity or was under undue influence when making the will. At Williams Litigation Group, we have the experience to guide you through the process and help ensure that the wishes of your loved ones are respected.