Legal Definitions - failure of will

Failure of will refers to a situation where a last will and testament, a legal document intended to direct the distribution of a person's assets after their death, is deemed invalid or unenforceable by a court. This can happen for various reasons, often related to how the will was created, the mental state of the person making it, or external pressures they faced. When a will is found to be a "failure of will," the deceased person's estate is typically distributed according to intestacy laws (state laws governing inheritance when there is no valid will) or a previous valid will, if one exists.

Here are some examples illustrating a failure of will:

• Example 1: Lack of Testamentary Capacity

  An elderly woman, suffering from advanced dementia, signs a new will just weeks before her death, leaving her entire estate to a distant relative she barely knew, completely disinheriting her children. Her children might challenge this will, arguing that due to her severe cognitive impairment, she lacked the necessary "testamentary capacity" (a sound mind) to understand what she was signing or the implications of her decisions. If a court agrees, the will would be a failure of will and deemed invalid because the testator was not mentally capable of making such a document.

• Example 2: Improper Execution

  A man writes his will on a piece of paper, signs it, and places it in a drawer. He tells his neighbor about it but does not have anyone witness his signature, nor does he sign it in the presence of witnesses. Most jurisdictions require a will to be signed by the testator in the presence of a specific number of witnesses (often two), who must also sign the will in the testator's presence. Since this man's will was not properly witnessed according to legal requirements, it would likely be considered a failure of will due to improper execution, and his estate would be distributed as if he died without a will.

• Example 3: Undue Influence

  A wealthy, isolated individual becomes heavily dependent on a new caregiver. Over several months, the caregiver gradually isolates the individual from family and friends, then pressures them into signing a new will that leaves a substantial portion of the estate to the caregiver, drastically reducing inheritances for long-standing beneficiaries. The individual's family could challenge this will, claiming "undue influence." If they can prove that the caregiver exerted such control that the individual's free will was overcome, and the will reflected the caregiver's desires rather than the individual's own, the court could declare a failure of will, invalidating the document.