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 willmaker 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.