When a loved one’s will is contested, one of the most common reasons is improper execution. If the will wasn’t signed or witnessed according to the law, it may not hold up in court, no matter the intentions behind it. This can leave families in turmoil, facing lengthy legal battles and uncertainty about how the estate will be distributed. 

At OC Trial Group, APC, we understand how complex and stressful will disputes can be. We’re here to guide you through the process, helping you understand what improper execution means and what steps you can take if you believe a will has not been properly executed.

What Is Improper Execution?

Improper execution occurs when a will fails to meet the legal requirements for signing and witnessing. In California, strict rules govern the execution of a valid will, and any deviation from these guidelines can lead to the document being invalid. To ensure a will is legally binding in California, the following requirements must be met:

  • Signing Requirements: The person making the will (the testator) must sign the will or direct someone to sign it in their presence.
  • Witness Requirements: The will must be signed by at least two witnesses who are present when the testator signs the document.
  • Competency of the Testator: The testator must be of sound mind and understand the implications of their actions when making the will.

If any of these rules are not followed, the will may not be considered valid.

Common Causes of Improper Execution

There are several ways a will can fail to meet the required legal standards. Here are some of the most common reasons:

  • Lack of Witnesses: In California, a will must be witnessed by at least two individuals who are not beneficiaries of the will. If there are no witnesses or if the witnesses are beneficiaries, the will may be invalid.
  • Improper Signing: If the testator does not sign the will in the presence of the required witnesses or if the signature is not affixed in a way that complies with California law, the will may be challenged.
  • Failure to Comply with Statutory Formalities: California law requires specific steps to ensure a will’s validity. These include having two witnesses present during signing, ensuring the testator is mentally sound, and confirming the will is signed by the testator (or by their direction). Failure to meet any of these requirements could result in the will being challenged.
  • Undue Influence or Coercion: If someone pressures the testator into signing the will against their will, the document may be contested on the grounds of undue influence. This can be a form of improper execution if the testator was not acting voluntarily.

How Improper Execution Can Impact a Will

When a will is improperly executed, it can lead to various challenges. In many cases, the will could be declared invalid, and the estate will be distributed according to state law, which may not reflect the testator’s true wishes. For example:

  • Intestate Succession: If a will is found to be invalid, the estate may be divided according to California’s laws of intestate succession, which may differ significantly from the testator’s intentions.
  • Delays in Probate: A contested will can cause delays in the probate process, leading to increased legal costs and prolonged uncertainty for the family members and beneficiaries involved.

What Can You Do if a Will Has Been Improperly Executed?

If you believe that a will was improperly executed, you may have grounds to challenge its validity. Here’s what you can do:

  1. Review the Will’s Execution: Ensure that all legal requirements were met. Look for proper signatures, witness attestations, and any other formalities required by California law.
  2. Consult a Trust and Estate Attorney: A skilled estate litigation attorney can help you assess whether the will was improperly executed and advise you on how to proceed with a challenge.
  3. Gather Evidence: If you believe the will was not signed properly or that there was undue influence or coercion, you may need to gather evidence to support your claim.
  4. File a Will Contest: If the will does not meet the legal requirements, you can file a formal contest to have the will invalidated. Your attorney can guide you through the legal process and represent your interests.

Contact an Experienced Orange County Will Dispute Attorney

Improper execution can invalidate a will, leaving a person’s wishes unfulfilled and their estate distributed according to state law. If you are involved in a will dispute or if you suspect that a will was improperly executed, it is important to take action quickly. OC Trial Group, APC can help you assess the situation, understand your legal options, and take the necessary steps to resolve the issue. If you need assistance with a will dispute, contact us today to discuss your case.