A will becomes invalid if the testator is shown to be mentally incompetent, according to Encyclopedia Britannica. A will is also invalid if the testator acted under fraud or coercion. About.com mentions that a will is void if all of the beneficiaries die without the testator appointing new heirs.Know More
About.com adds that each state has certain requirements for validating a will. For example, a person must be 18 or over to draw a will. An understating of assets must be demonstrated, and the heirs must be named. At least two people must be present when the document is signed. If these state requirements are not met, the will is not recognized under the law, and an estate falls under intestacy laws. Wikipedia notes that intestacy laws determine who is eligible to receive the property or assets, such as a closest living relative. About.com reports that a previous will is recognized if a current will is rendered invalid.
If the testator remains alive, Encyclopedia Britannica reports that the testator must provide strict evidence that he was mentally unsound to draw up the will. A testator who claims delusion must also prove that his hallucinations determined the outcome of the will. Undue influence is another criteria for rendering a will invalid, and this includes being led to frame the document in a particular manner. Persuasion is not a reasonable ground to void a will, but overt threats are reason enough to rule in favor of the testator.Learn more about Law
Cornell University Law School states that the term "competence" applies to an individual who is legally "capable of entering into a binding contract, transferring assets, or participating in a legal proceeding." According to LGCSC Legal, different states have their own assessment procedures that they use to determine an individuals' mental competence and capacity and which rights are able to be removed from an individual who is classified as mentally incompetent.Full Answer >
The legislative branch of the U.S. government, collectively known as Congress, has the authority to make federal laws in the United States, according to attorney Lloyd Duhaime and iCivics. Article 1 of the U.S. Constitution gives lawmaking powers to the Senate and House of Representatives as two chambers of Congress.Full Answer >
There must be an offer and acceptance to create a legally binding contract, according to Nolo. In addition, because of the verbal nature of a contract, the agreement must fall outside of the statute of frauds, notes Professor Richard Warner for the Chicago-Kent College of Law.Full Answer >
A contract is null and void when it can no longer be legally enforced. If one party to the contract gives an indication that it is unable to hold up its end, the other party may claim an anticipatory breach of contract. If the agreement is unconscionable or grossly unfair to one party, or one party commits fraud, the contract may be void.Full Answer >