What is a void will and why would that happen and in the event of one what happens to the persons estate?
2007-02-21 01:49:51 · 5 answers · asked by ? 6 in Politics & Government ➔ Law & Ethics
Thought i should mention i live in the uk
2007-02-21 01:56:45 · update #1
A void Will is simply a Will that is not effective. It could be for a number of reasons. It might not have been properly executed or perhaps none of the heirs are living. All I can tell you from the question is the Will is no good and will not be used to distribute the property. Since the Will is ineffective, the property will be distributed according to the laws of your state on "intestate succession." "Intestate" means the decedent had no Will. The property will go to the nearest relative(s). In my state--which is a community property state-half would go to a surviving spouse and the other half to the children. If no spouse or children exist, it would go to the parents. If the parents are deceased, it would go to the siblings. You follow the family tree and the closest living relative(s) take all.
2007-02-21 01:59:17 · answer #1 · answered by David M 7 · 2⤊ 1⤋
Wills may be void - or ineffective due to a number of circumstances. It may not have been signed in accordance with the law of the state where the decedent lived at the time of signing. It may have been signed by a person that was not legally competant due to mental or other illness or dimentia. It may have been signed under duress or undue influence. Either way, if the will is void, and there is no will to replace it, the decedent's estate will past according to the laws of intestate succession of the state where the decedent resided at the time of death. There are laws in each state that show the order that property of a deceased person is to be distributed. Many are similar, but most have slight differences.
2007-02-21 09:56:16 · answer #2 · answered by Catherine T 2 · 2⤊ 1⤋
A void will is not valid commonly if a person makes a new one he declares all previous wills null and void.The estate would pass onto the next of kin or depending on the amount other persons can lay claim to a share(UK)
2007-02-21 10:47:53 · answer #3 · answered by frankturk50 6 · 1⤊ 0⤋
a void will is no longer a legal will for whom it was issued to and isnt any good so it will go through a probate court to see who is the legal person to receive the property
2007-02-21 09:57:56 · answer #4 · answered by haroldgardner62002006 2 · 1⤊ 2⤋
What can I say that has not already been said
2007-02-21 10:36:32 · answer #5 · answered by Anonymous · 1⤊ 1⤋