Can a will not be followed?

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Can a will not be followed?

My aunt passed away leaving her to brother’s executors of her Will. She had a house on an acre. She put in her Will that the house nor property not to be sold to one particular person, can we sell the property and house be sold to that person?

Asked on October 4, 2017 under Estate Planning, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The only time a will's provisions may be disregarded would be if you can invalidate the will. This would be difficult, since it would require showing in court, after filing a lawsuit or legal action (and making the showing with evidence) one or more of the following:
1) Your aunt was not mentally competent when she made the will.
2) Your aunt was forced (by threats of violence or criminal acts) to make the will.
3) Your aunt's signature on the will was forged, or your aunt was tricked in some way into making the will (for example, shown will 1; then as she was signing, different will 2 was substituted for it).
Otherwise, the will's provisions must be followed. 


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