What Things Make a Will Invalid in Oklahoma?

In Oklahoma bad procedures can make a will Invalid if it doesn’t satisfy legal requirements. Estate planning is one of the most important legal procedures that many people go through. However, the effects of the choices and the legal validity of how you made in your will won’t be fully known until after you are gone. When considering how you want your property and assets to be distributed after your death process is everything. As part of the process it is critical to understand the laws about what would make a will invalid. This helps you avoid costly legal expenses for the people who will inherit from your estate.

Errors And Omissions That Can Invalidate A Will

In general, a living will or last will and testament must be written, signed, and witnessed. This has to be a valid statement of your intent for the distribution of your property after you die. Several things can make a will invalid in Oklahoma. Some of the most common reasons include lack of capacity, undue influence, fraud or duress, improper execution of the will, or revocation that is unclear about intent and what is to replace the will that was revoked.

Lack Of Capacity To Make A Will

To create a valid will or trust in Oklahoma, you must be of sound mind and have the mental capacity to understand the nature of your property, the identity of your heirs, and the effect of your actions. You must also have capacity to appoint an executor. This doesn’t mean that you have to be anything more than able to understand what you are making a will. If there are legitimate questions about your mental capacity at the time you signed the will, heirs can challenge the will in court after your death.

Undue Influence

If someone exerts undue influence on you to influence your decisions regarding your will, the will may be considered invalid. It’s critical for the court that your will and your heirs have assurance that your estate plans are your true desires. It cannot be something that you were pressured into agreeing to.

Fraud Or Duress

A will that may have been made or signed by someone else without your knowledge, or that you signed due to someone forcing you to sign it with threats or some kind of dishonesty is likely to be invalid. Questions about the situation of your signing and the veracity of the will that may arise after your death. This will require expensive and complex court hearings to resolve.

Improper Execution

In Oklahoma, a will must be signed in the presence of at least two witnesses who also sign the document. Failure to follow these requirements can result in an invalid will. The best method to ensure a valid will is what is called a “self-proving will,” which means it was notarized and contains a statement that the witnesses understood the legal requirements of the will, so they won’t have to be called into court to testify about their signatures as witnesses to the will.

Revocation of The Will

A will can be revoked by a subsequent will or by destroying the original document. If the revocation was done improperly, though, or your intent in revoking the will and replacing it with another, valid, estate planning instrument isn’t clear, the court may need to return to the will that you had intended to revoke.

Probating a Will In Oklahoma

In Oklahoma, the process of probating a will is generally required when a person passes away and leaves behind property or assets that need to be distributed to their heirs or beneficiaries. Probate is the legal process of administering the estate of a deceased person, which includes validating the will, paying debts and taxes, and distributing the remaining assets. When a person passes away its the job of the probate court to decide if the will is valid. The courts looks to Oklahoma will requirements and determines if they are met. In the event the procedures were met the Judge will usually adjudicate the will is valid. In the event the procedures fail for what ever reason the court might determine the will is not valid. Once determined to be valid the estate property is passed per the instruction set out in the will.

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Tulsa Will ands Trust Attorneys Near You

There are many factors that can potentially make a will invalid, and the laws regarding wills can be complex. If you have questions about the validity of a will or a trust in Oklahoma, you will do well to consult with a Oklahoma will and trust attorney who specializes in estate planning. The experienced Tulsa attorneys at Kania Law Office are here to help you. Call 918-743-2233 or contact us online to learn more.