Invalidating a will
The Will's Provisions Each state has its own laws about what a valid legal will must contain.Most states require that the will: Self-proving affidavit There is no requirement that a will should be notarized.For example, Sam has a vacation home in Florida, where she spends about four weeks out of the year.She also has business offices in New York and California, where she frequently visits to conduct business, but never spends any long length of time. This is where she spends the majority of her time, has her primary mail sent, is registered to vote, and her children live and attend school.Sam created a valid legal will in Illinois, according to the laws of Illinois.A few years later, Sam passes away while vacationing at her Florida home.Basically, to challenge a will based on mental capacity, you must show that the testator (the person who created the will) did not understand the consequences of making the will at the time of the will's creation.
Testamentary Capacity The law requires that only adults 18 years of age or older have the capacity to create a will. However, in some jurisdictions, minors who serve in the military or minors who are married are given the right to make a will. When litigation arises that challenges an adult's testamentary capacity, it is usually on the basis that the adult has senility, dementia, insanity, was under the influence of a substance, or in some other way lacked the mental capacity to form a will.
Another Will Trumps the One Being Executed If the executor is trying to carry out the provisions of an outdated will, the newer will can trump this older will.
Typically, there are requirements to destroy the older will.
Her oldest daughter and executrix, Edna, had just moved into Sam's Florida vacation home, and decides to settle the will there.
Yvette, Sam's youngest daughter wants to challenge the will, based on residence.