Call us for FREE Consultation
(562) 526-6941

Reasons Your Will Might Be Invalidated

If you want to make sure your assets and estate are distributed the way you want them to be and that the people in your life get the things you want, you need an estate planning attorney in  Orange County to assist you.

A will is a legal document that makes sure an estate is distributed the way the deceased planned. If you are thinking about making it a will it’s a good idea to hire an Orange County estate planning lawyer to help you. An attorney will ensure the will is not invalidated and will hold up in court.

Can A Will Be Invalidated?

Do you think your will would be followed when you pass away? A will is your way to choose how things go after your death. You can include information about your funeral services, who inherits your property or assets, and who becomes a beneficiary of your money or insurance payouts. 

While a will is meant to be a permanent legal declaration, there are some things that can make it invalidated. Before you make a will, you will want to make sure you have the help of an attorney so you can avoid having your will invalidated.

Here are five reasons it could be invalidated:

  • When Beneficiaries Pass Away

When you name beneficiaries in your will, you assume they will outlive you and be able to claim the money you are leaving them. If they happen to pass away before you and you do not change your will in time, then it will be considered invalid and it will need to be probated to decide who else will get the money or become the next beneficiary. 

  • You Have New Beneficiaries

If you made your will before you got married to have children, you will need to add the new beneficiaries to the will to prevent it from being invalidated. This will ensure your assets go to your new beneficiaries and that your will is not going to be invalid.

You can always make changes to your will by meeting with a trust attorney in Orange County.

  • Executor Has Passed Away

When you make a will you will choose someone who acts as the executor and makes sure the details of your will are followed and all your assets are distributed the way you want them to be.

If your executor passes away, the courts will appoint someone else to be the executor. Your beneficiary may have a say in who becomes the executor or it may just be your living trust attorney in Orange County who acts as the executor.

  • You No Longer Own Things Listed In Your Will

If you no longer own everything listed in your will, then it is not going to be followed completely. Your assets will not be divided evenly and the courts may need to reevaluate the will to see what you still own and what can be divided.

If you want to make sure your estate is divided evenly you will need to make that clear in your will, in case of an event that your assets change and you aren't able to update the will on time. 

  • You Were Not Mentally Sound

If there is reason to believe that you were not mentally sound when you made your will, it could be invalidated. There are a lot of things that can make a person be considered not mentally sound.

Some common things could be a mental illness, dementia, a traumatic brain injury, or any other illness or condition that could make you unable to make your will legally. A trust attorney in Orange County CA will determine if a person is of sound mind when they attempt to make the will with them. 


While nobody wants to think that someone would make another person include them in their will, it does happen. It is an attempt that is often used by family members or friends with their elderly relatives as a way to ensure they get their names added to the will.

It can be done in an aggressive manner or a more manipulative one. If someone is bullied into making a will then it can be considered invalid. It may take time for an attorney or family member to prove that someone was made to make a will with coercion, but once it has been proven, the courts will step in and the estate may have to go to probate court. 

The Law Changes

If you made your will in hope of avoiding taxes and the law changes, those changes will affect your will and could make it invalid. The courts will review the will before they execute it or allow it to be executed. If there is anything in the will that goes against the law, it could be invalidated.

How Can I Avoid Having My Will Invalidated?

If you are worried that there may be a chance for your will to be invalidated or just want to make sure it is filed correctly and will be carried out how you want it. Working with an Orange County estate planning lawyer will ensure that the will is done correctly and legally and that there is no risk of having it invalidated. 

Get the Help of a Living Trust Attorney in Orange County

If you are ready to make a will so you can decide what happens to your assets or estate, you should contact a living trust attorney in Orange County.

Your attorney will sit down with you and help you work out the details of your will. They will explain each aspect and help you decide who should get a portion of your estate and how to divide it evenly or in a way that you choose.

You can find a trust attorney in Orange County CA at Thomas Mckenzie Law who can help with all your legal needs that pertain to your will or other aspects of your estate.

Thomas McKenzie Law
Estate Planning Attorney in California. Full-service law firm specializing in estate plans, wills and trusts, long-term care, and financial consulting. Thomas L. McKenzie received his Juris Doctor degree from Western State University College of Law, in Fullerton, California. While working full-time at night and attending full-time daily classes, Tom graduated law school with honors in 1993.

A Proud Member of

Lawyer Of Distinction
Elder Counsel
Avvo Rating
Get your assets in order and protect your loved ones! Schedule a FREE consultation
Please enable JavaScript in your browser to complete this form.
Free Legal Tips
© 2024 McKenzie Legal & Financial. All Rights Reserved.