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What Happens if a Will is Declared Invalid?

When a person passes away, their will typically outlines the distribution of their estate.

However, there may be instances where a will is declared invalid due to a variety of reasons such as lack of testamentary capacity, undue influence, or improper execution. When this occurs, the distribution of the decedent’s estate becomes a complex process.

There are several potential scenarios that might unfold when a will is declared invalid.

Common Reasons for a Will to be Declared Invalid

Creating a will is an important task that ensures your wishes are followed after you pass away. Even an invalid will can sometimes be admitted to probate. It is up to the interested parties to file a will contest to challenge the will.

Contesting a will can be time-consuming and expensive. The process typically involves filing a petition with the court and presenting evidence supporting your claim of invalidity. This evidence may include witness testimony, medical records, or other documentation proving that the testator lacked capacity at the time they signed their will or was unduly influenced by someone else.

A successful will challenge will result in the will being declared invalid. Here are some common reasons why a will may be deemed invalid.

Undue Influence: The Power of Manipulation and Coercion

The first potential reason for a will’s invalidation is undue influence. This occurs when a person, known as the testator, is coerced or manipulated into changing their will.

Often, elderly individuals who might be more susceptible to influence fall victim to this, with the coercion taking various forms, such as threats, isolation, or financial trickery.

The challenge lies in proving undue influence, which typically requires robust evidence, like witness testimonies or financial records.

Lack of Capacity: Mental and Testamentary Implications

Next, the lack of capacity stands as a common cause for the invalidation of a will.

The testator must be of sound mind when creating or amending their will. This testamentary capacity involves understanding their decisions concerning their assets. Certain factors, such as mental illness, dementia, medication side effects, and age-related memory loss, can impede this capacity.

Testamentary capacity can also be compromised by delusional beliefs, extreme emotions, or undue influence, thereby undermining the testator’s decision-making abilities. In some cases, medication or substance abuse can also impact an individual’s ability to make sound decisions.

However, it’s important to remember that a medical diagnosis does not inherently equate to a lack of capacity. The onus of proof rests on the individuals contesting the will.

Fraud and Duress: A Matter of Willingness and Force

A will could be invalidated in the presence of fraud or duress. If someone who would gain from the estate manipulates or deceives the testator into modifying the will, it can be contested.

Proving this requires evidence, such as witness testimonies or documents.

Improper Execution: The Importance of Adherence to Legalities and Technicalities

Lastly, the proper execution of a will is a critical aspect of its validity.

The testator should sign the written will, or someone can sign it in their presence. Moreover, two witnesses need to be present during the signing, who must also sign the document to verify their witness to the event.

Even minor errors during the signature process can result in the will not being valid if it’s contested. Therefore, careful adherence to the legal requirements and technicalities is crucial to ensure that a will stands the test of time and scrutiny.

When the Will is Found to be Invalid

There are a number of possible outcomes when a will is found to be invalid, each carrying its own set of complexities and implications.

Partial Invalidity: Dissecting the Will

In some scenarios, only a specific part of the will may be declared invalid. This could result from ambiguous phrasing, unlawful provisions, or clauses that contradict public policy. When this occurs, the probate court disregards the invalid segments, while the remaining valid parts are executed as planned.

Fallback to a Previous Will: Reverting to Old Wishes

If the decedent had a prior will that was never officially revoked, it might be reinstated as the governing document. This principle operates on the assumption that the decedent would likely favor the terms of their previous will over the absence of a will. In such situations, the older will must be admitted to probate, and its stipulations would determine the distribution of the estate.

Invocation of Intestacy Laws: The Default Route

In the event of an invalidated will or lack of a valid will, the decedent’s estate is distributed in accordance with Texas’s intestacy laws. These laws essentially provide a default blueprint for estate distribution.

Under these laws, the estate typically passes to the decedent’s nearest relatives, such as the surviving spouse or children. In some cases, distant relatives or even the state may inherit the decedent’s property. The invalidation of a will could lead to family members not named in the will becoming eligible for a share of the assets.

The aftermath of declaring a will invalid can often lead to legal disputes among potential heirs.

Such disputes frequently arise when there’s a need to reclaim property that was transferred in accordance with the invalid will. The legitimate inheritors may need to file theft or conversion claims, or leverage the powers of the probate court to order the return of the property to the estate.

If you believe property from the estate has been wrongly distributed due to an invalid will, and you have a rightful claim to that property, you may be able to file a lawsuit for theft or conversion. You might also be able to ask the probate court to order the return of the property to the estate.

These disputes can be emotionally draining, time-consuming, and financially burdensome, underscoring the significance of drafting a legally sound will.

Damage to Family Relationships

Assets and property are not everything. Family and other relationships are also at issue in will contests. An invalid will and the ensuing dispute will no doubt harm family and other relationships.

This process can be emotionally stressful and anxiety-inducing. Beneficiaries may have to face unexpected challenges, such as strained relationships with other family members, feelings of betrayal or deception if foul play is suspected, and the general emotional strain of a court battle. The grief associated with the loss of a loved one can be exacerbated by these disputes, making the eventual probate process even more difficult to navigate.

Post-Court Settlement Agreements

When a will is found to be invalid by the courts, settlement agreements can play a crucial role in resolving disputes and ensuring that the estate assets are distributed in a fair and equitable manner. A settlement agreement is a legally binding document that outlines the terms and conditions agreed upon by all parties involved in the dispute, in order to avoid further litigation and find a mutually acceptable resolution.

In the context of an invalid will, a settlement agreement can help the party who won the will contest to recover estate assets that were wrongly distributed, without resorting to additional costly and time-consuming legal proceedings. By negotiating and agreeing on terms outside of the courtroom, the parties can work together to determine how the estate assets should be redistributed in a manner that is more in line with the decedent’s wishes or what is deemed fair by all parties involved.

One of the primary benefits of a settlement agreement in such cases is that it can save all parties involved from the financial burden and stress of prolonged litigation. Legal disputes over an estate can be expensive, and the longer they drag on, the more they can deplete the resources of the estate, leaving less for the rightful heirs.

Additionally, settlement agreements can help restore strained family relationships by fostering an environment of cooperation and compromise. When disputing parties work together to find a solution, they can begin to rebuild trust and move towards healing. This collaborative approach can minimize the emotional toll of the probate process and prevent family relationships from deteriorating further.

The Takeaway

Whether it’s a case of partial invalidity, where the court can still honor the valid portions of the will, or a situation where a previous will can be reinstated, there are ways to navigate the uncertainties brought about by an invalid will. Even in the absence of a valid will, intestacy laws can provide a default blueprint for estate distribution, ensuring the decedent’s assets are not left in legal limbo. These disputes often end in settlement agreements to avoid further litigation, such as lawsuits for theft or conversion or requests for the probate court to order the return of the property to the estate.

Our Houston Probate Attorneys provide a full range of probate services to our clients, including helping with probate disputes. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters. Call us today for a FREE attorney consultation.


The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.

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