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Probate and Estate Litigation Blog

February 2015 Archives

Our office can help you outsmart a crook

Last week's post discussed how a Minnesotan who has been wrongfully cut out of a will can challenge the document even if the will seems on the face to be legally and properly signed. While the post mentioned legal ways by which a person can challenge a will, the post also correctly implied that will contests of this nature can be very difficult to prove.

Can a validly executed will be declared invalid by the court?

Minnesota law specifies several formalities that must all be satisfied for a will to be deemed validly executed: the will must be written, it must be signed by the person making it or by a person legally authorized to act for that person, and it must be signed by two persons who witnessed the execution of the will. Even if these formalities have been satisfied, persons with an interest in the estate of the decedent often ask whether a will that has been signed and properly witnessed still be declared invalid? The answer is a heavily qualified "yes."

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