WHAT HAPPENS IF THE WILL IS FOUND TO BE…
If a will is found to be invalid, it is treated as if the deceased person died intestate, which means without a valid will. In this case, the deceased person’s estate will be distributed in accordance with the rules of intestacy set out in the Succession Act 2006. Under the rules of intestacy, the deceased person’s estate is distributed to their next of kin, in a specific order of priority. For example, if the deceased person was married with no children, their spouse would inherit the entire estate. If the deceased person was unmarried with no children, their estate would be distributed equally between their parents. If the will is found to be invalid due to a legal error, such as improper execution or undue influence, the court may also consider whether there is a previous valid will that can be used to distribute the estate. If there is no valid previous will, the estate will be distributed in accordance with the rules of intestacy. It’s important to note that if a will is found to be invalid, any gifts or bequests made in the will will not be carried out, and any appointments made in the will, such as the appointment of an executor or guardian, will also be invalid.