What happens if a will is found to be invalid?

If a will is found to be invalid in California, it may be declared void by the court. This means that the will would not be recognized and it would not be enforced. This is usually due to various legal issues, such as the will not being properly signed, witnessed, or dated. The court may also deem certain portions of the will to be invalid, while other parts are valid and could still be enforced. In this case, the court would have to decide which parts would be honored and which parts would not. When a will is declared invalid, the intestacy laws of California would take effect. This means that the deceased person’s assets would be distributed according to the state’s rules of succession. These rules determine who receives the assets, and how much each person receives. Generally, the deceased person’s closest family members would be the primary beneficiaries. However, when a will is deemed invalid, it does not mean that the deceased person’s wishes or intentions are not honored. The court may still consider them when it is determining how to distribute the deceased person’s assets. Therefore, it is important to ensure that the will meets all of the legal requirements in California so that it is legally valid and can be enforced.

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