A last will and testament allows you to direct how your assets will be distributed after your death. However, your will must be legally valid for it to have any effect.
Without a valid will, your estate would be distributed according to the intestacy laws in Oklahoma, and those may not align with your goals and wishes. Keep reading below to learn from our Tulsa estate planning attorneys about some of the most common things that can make a will invalid in Oklahoma.
Lack of Required Legal Capacity
In Oklahoma, a person creating a will must be of sound mind and have the necessary mental capacity to understand their assets and the effects of their actions. Wills are commonly challenged on the grounds that the testator lacked the mental capacity to make a will. If someone has dementia or is under the influence of drugs or other substances at the time the will was created, it could be deemed invalid.
An estate planning lawyer can help ensure that proper steps are taken to document the testator's capacity at the time the will is executed, which can help protect the will from future challenges.
Undue Influence
When someone is essentially forced into making or changing a will, that document is likely to be declared invalid. Extreme pressure can force someone into making a will that they might not otherwise have made. Instead of their own wishes, the will likely contains the wishes of the person exerting the undue influence over the testator.
Improper Execution
Oklahoma law specifies certain execution requirements that must be met for a will to be valid. For example, the will must be signed by two witnesses. Ideally, the best method is to execute a “self-proving” will. This prevents the need for the witnesses to be called into court to testify about the execution of the document. Lack of witness signatures or other procedural errors can make a will invalid.
An experienced estate planning attorney can guide you through the execution process to make sure all legal requirements are properly met.
Fraud or Forgery
The signature on the will must be that of the testator, and forgery is a valid reason to declare a will invalid. However, forgery can sometimes be difficult to prove. This often requires going to court and using handwriting experts or witnesses who can testify about the authenticity of the signature. Keep in mind that it could be years from the time the will is created until the death of the testator, so it may be difficult to find witnesses who can provide testimony about the signature.
Execution of a Later Will (Revocation)
If the testator later decides to revoke their will, it then becomes invalid. It is possible to revoke a will without creating or updating a new one. However, you can also revoke an older will through the creation of a newer, updated will. The new will must meet all the legal requirements, and the existence of a new will can be a reason to challenge older wills or other estate documents.
The Oklahoma Probate Process
Probating a will is often necessary when someone passes away and leaves property or assets behind that must be passed to heirs. Any of the reasons above can be enough for an heir or potential beneficiary to challenge the will, so it is important to understand the requirements for a valid will in Oklahoma. If the will is upheld and deemed valid, the assets will be distributed according to its terms.
To avoid complications and ensure that your will is legally sound, it is always best to work with a knowledgeable estate planning lawyer who can help you navigate the process with confidence.
Contact an estate planning attorney in Tulsa or elsewhere in Oklahoma today to schedule a consultation and learn how creating a valid, comprehensive will can protect your wishes and your loved ones.