Estate Planning

The will

An invalid will

There are a few instances where a Will may be deemed invalid. These include:

  • not executing a Will properly. For example, not having the Will witnessed when signed*
  • completing a Will under duress or undue influence
  • completing a Will where the will maker does not have testamentary capacity (that is, lacking sound mind and memory)
  • having multiple Wills that don’t necessarily cancel previous Wills

*Rules in each state and territory determine the procedures and requirements for creating a valid Will.