Wills can be overturned. This often occurs in a will contest claim by a beneficiary. Even if the will is upheld, the beneficiary may be able to pursue a tortious interference claim against third parties relating to the will. Wills may also be overturned if they are not property executed.

The purpose of the will formalities is to give the probate court confidence that the statements of the decedent were deliberately intended to effectuate a transfer of property. States have enacted a number of formalities for wills to achieve this goal.

The Uniform Probate Code, which is a set of model laws used by many states, provides a good example. According to the UPC a will must be in writing; signed by the decedent or in the decedent’s name by some other individual in the decedent’s conscious presence and by the decedent’s direction; and signed by at least two individuals who signed within a reasonable time after they witnessed the decedent signing the will.

Each of these requirements has generated quite a bit of litigation over the years. Let’s consider the second and third requirements, that the decedent and witnesses signs or attests the will first. We will then come back to the requirement that the will be in writing in order to be valid.