Reasons for invalidating a will

Undue influence: A Will may be invalidated because there was undue influence exerted on the person making the Will. Fraud/Forgery: A Will can be invalidated where it is established that a Will was forged such as where another person (other than the person making the Will) signed the Will .Also, the situation can arise where the person making the Will was misled at the time of making their Will such as where the person was told that they were signing something other than a Will.The applicant, Mr William Naylor, claimed that he was promised the farm which belonged to the late Mr Michael Hoare and with which the applicant had lived and worked on for more than 30 years, with little remuneration.A Will executed by Mr Hoare in 2005 left the lands to Mr Naylor but a later Will executed some months before his death in 2007 bequeathed the farm to his daughter and Mr Naylor’s sister, Jean Maher, who had cared for the late Mr Hoare in the few years prior to his death.

Where a person is not of “sound mind” or where they lacked testamentary capacity, the Will can be set aside and any earlier Will made becomes the Last Will and Testament.To emphasise the point the important date here is the capacity of the person on the date they signed the Will not before they died.But it is important to note that simply because an individual has a form of mental illness or disease does not mean that he or she lacks the testamentary capacity to make a Will.According to Texas Probate Code Section 93, an interested party can legally dispute a will’s validity by filing a formal lawsuit.Under the code, an individual only has 2 years to contest a will.

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His son contested the bequest in the Will and the matter reached the English High Court where it was argued that the father was “deluded and insane” at the material time.

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