When might a will be considered invalid.
With David Hobbs.
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Show Notes Episode 5:
Three common issues arise:
- Formalities
- Competence of the will maker
- Undue Influence
Formalities:
- Wills need to be signed in a special way
- Two witnesses are required
Competence of the will maker:
- Will makers do not need a high level of competence
- Legal test for competence;
- the will maker understands what a will is and what it does
- have to have a general idea of what their property is
- who would ordinarily be the beneficiary of their will
Undue Influence:
- Level of influence is such that the law considers the signing of the will to be involuntary
- Usually involves a fairly extreme set of circumstances
- When influence becomes so powerful that it removed the voluntary nature of signing of the will
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