You may think your parents’ final wishes are safely secured in a will, but if that document doesn’t meet specific legal standards, it could fall apart the moment it’s needed most.
A will that isn’t legally valid isn’t just a piece of paper. It’s a fast track to court battles, delayed inheritances, and destroyed family relationships. Even worse, invalid wills often aren’t discovered until after someone dies, when it’s too late to fix the problem.
If you’re relying on a will written decades ago, signed in a rush, or scribbled on a napkin (yes, that happens), here are seven red flags that could render your parents will completely useless.
7 Reasons Your Parents’ Will Might Be Legally Invalid
1. The Will Wasn’t Properly Signed or Witnessed
Every state has specific rules for how a will must be signed to be legally binding. In most cases, your parent must sign the will in front of two witnesses, who also must sign it in their presence.
If even one of those steps is skipped, the entire document can be deemed invalid. Handwritten or “holographic” wills without witnesses are legal in some states, but not in most. And digital signatures? They’re rarely accepted. A will with a missing witness signature or unclear signing procedure may be dismissed outright in probate court.
2. The Person Wasn’t of Sound Mind When It Was Created
For a will to be valid, the person creating it must be of “sound mind.” That means they understand what they’re doing, what they own, and who their beneficiaries are. If your parent was suffering from dementia, cognitive decline, or on heavy medication when the will was created, it may be challenged on the grounds of mental incapacity.
Even if their intentions were clear, a medical record or testimony could persuade a judge to throw out the document if there’s doubt about their mental state.
3. Someone Influenced or Pressured Them
Undue influence is one of the most common reasons wills are contested in court. This happens when someone close to the person, like a new caregiver, relative, or even a neighbor, pressures or manipulates them into changing their will for personal gain. Red flags include sudden changes to beneficiaries, unexplained disinheritance of family members, or major asset shifts late in life.
If a will benefits someone who wasn’t previously involved in your parents’ life, it may be worth investigating further, especially if others were cut out with no explanation.
4. The Will Wasn’t Updated After Major Life Events
If your parent wrote their will before a divorce, remarriage, the birth of grandchildren, or the death of a beneficiary, and never updated it, there could be major legal problems. For example, ex-spouses might still be listed as heirs, or deceased relatives could still be named as executors. This not only complicates probate, but it can result in assets going to unintended people.
Life changes should always trigger a will update. If that didn’t happen, parts of the will—or the entire document—might be unenforceable.
5. The Will Is a Copy, Not the Original
Courts usually require the original, signed will—not a photocopy—to begin probate proceedings. If the original is lost, the family may face an uphill battle proving what the deceased intended.
Even if a copy exists, it might not be enough. In many jurisdictions, copies carry far less legal weight, especially if someone contests the estate. The court could rule that the person revoked the will or died intestate (without a valid will). If all you have is a scan or photocopy, now’s the time to locate the original or create a new one with clear documentation and secure storage.
6. The Will Violates State Law
Each state has its own requirements for wills. What’s valid in one state may be completely invalid in another. If your parent moved after creating their will, that document may not comply with their new state’s legal requirements.
Even things like who can witness the will, whether notarization is required, and how assets must be listed can vary. If the will doesn’t match local laws, the court could reject it, especially if someone challenges it. An estate attorney should always review the will after a move, major life event, or every 5–10 years to ensure compliance.
7. The Will Includes Illegal or Unenforceable Requests
Sometimes, people write things into a will that simply can’t be enforced. For example, trying to disinherit a spouse in a state where that isn’t allowed, or placing conditions on inheritance that violate public policy (like demanding a beneficiary get divorced to receive money).
Courts can strike out these sections or throw out the will entirely if it’s deemed too flawed to enforce fairly. Vague language is another culprit. If it’s unclear who gets what or how to divide shared property, the entire estate could end up in probate limbo.
A Flawed Will Can Tear a Family Apart
No one likes thinking about the fine print of death, but skipping it can cause irreparable damage. When a will is invalid, families often find themselves battling in court, spending thousands in legal fees, and walking away with broken relationships and lost trust.
The good news? These problems are preventable. A clear, legal, and updated will reviewed by a qualified estate attorney can protect your parents’ wishes and your family’s future.
Don’t wait for the funeral to uncover problems. Start the conversation now. Ask questions. Request to see the will. Encourage your parent to review it with a professional while they still can.
Have you or your family ever faced legal complications from a flawed will? What would you do differently next time?
Read More:
7 Estate Planning Decisions That Create Lifelong Feuds
Top Tips For Writing A Will When You’re Not Sure What To Do
Riley Schnepf is an Arizona native with over nine years of writing experience. From personal finance to travel to digital marketing to pop culture, she’s written about everything under the sun. When she’s not writing, she’s spending her time outside, reading, or cuddling with her two corgis.
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