… you mean I can’t just write it on a napkin?

There are some obvious issues that common sense points to that can invalidate a will. For a will to be legal, effective, and binding, it probably can’t be written on the back of a cocktail napkin or a piece of discarded mail. And while there are a lot of “Free” tools out there that are helpful it’s still smart to be cautious.

But what about the more nuanced issues? What if you update your will but fail to state that you revoke all other versions and that cocktail napkin resurfaces in court and becomes a contentious drama after you die? Stranger things have happened.

Let’s take a look at some of the most common ways that a will might go wrong, and by “wrong” we mean “be invalidated and fail to do the very thing it was designed for”, which is to provide guidance about your wishes after your death.

7 Important Things That Can Invalidate a Will

1. Failure to sign your will.

No signature, no enforcement. Don’t forget to add your autograph!

2. Failure to get witnesses (Or mistakenly using witnesses that are also beneficiaries).

Use two “disinterested parties” as witnesses to make sure they count as the required legal witnesses.

3. Suspicion of undue influence.

Evidence or coercion, tampering, a single person suddenly listed as the beneficiary for everything. All potential redflags, a valid will protects you and your heirs.

4. Mistakes or missing information.

Maybe it’s a new baby, or you forgot that grandpa, who died 10 years ago, is listed as heir. Mistakes can leave important estate assets up in the air.

5. Vague or contradictory language.

Clauses that contradict, vague wording that leaves room for interpretation. Best case, parts of the will be invalidated. Worst case, the entire thing gets tossed out.

6. Failure to revoke previous versions of your will.

If you update your will, you have to clearly state that it revokes all previous versions and establishes itself as the only valid copy. Failure to do this can result in a will being contested.

7. DIY Mistakes or Technical Issues.

If you opt for a free online tool it may be missing things like required state-spacific rules.

Bottom Line

While there are a ton of things that can go wrong and possibly invalidate your last will and testament, the best way to protect yourself is to do a little research. Use tools you trust (free or otherwise), verify your individual state requirements, and for anything complex get it reviewed by a qualified legal professional. 🤨

Important Note

We’re not lawyers, just Death Care Technology folks trying to help humans with death literacy and navigating the logistics of loss. If you need specific advice about your individual situation we recommend you do specific research for your state and/or reach out to a legal professional.

What Makes a Will Invalid?