A will becomes invalid if the testator is shown to be mentally incompetent, according to Encyclopedia Britannica. A will is also invalid if the testator acted under fraud or coercion. About.com mentions that a will is void if all of the beneficiaries die without the testator appointing new heirs.Continue Reading
About.com adds that each state has certain requirements for validating a will. For example, a person must be 18 or over to draw a will. An understating of assets must be demonstrated, and the heirs must be named. At least two people must be present when the document is signed. If these state requirements are not met, the will is not recognized under the law, and an estate falls under intestacy laws. Wikipedia notes that intestacy laws determine who is eligible to receive the property or assets, such as a closest living relative. About.com reports that a previous will is recognized if a current will is rendered invalid.
If the testator remains alive, Encyclopedia Britannica reports that the testator must provide strict evidence that he was mentally unsound to draw up the will. A testator who claims delusion must also prove that his hallucinations determined the outcome of the will. Undue influence is another criteria for rendering a will invalid, and this includes being led to frame the document in a particular manner. Persuasion is not a reasonable ground to void a will, but overt threats are reason enough to rule in favor of the testator.Learn more about Law
To contest a will or trust, an individual must file the necessary paperwork and all relevant documentation with the probate court in the state where the testator of the will or trust died, according to Piper Li for LegalZoom. Litigants may file the paperwork themselves or through an attorney.Full Answer >
The most successful grounds for contesting a will are that the testator lacked the mental capacity to create a will or that he was unduly influenced to write the will a certain way. The most successful challengers are usually spouses of the testators, according to FindLaw.Full Answer >
Legalism began during the Warring States era of China, between 475 and 221 B.C., according to Encyclopedia Britannica. Because of the conflicting, chaotic nature of this period, the utilitarian precepts of legalism caught on with the ruling class of the Qin Dynasty.Full Answer >
In the context of government and law, a formal amendment is "an addition or alteration made to a constitution, statute, or legislative bill or resolution," according to the Encyclopedia Britannica. The U.S. Constitution prescribes four possible methods of making a formal amendment to the Constitution, though of these four methods one has been used only once, and two have never been used. In the United States, a formal amendment to the Constitution requires a proposal, approval and ratification process.Full Answer >