Define: Proving A Will

Proving a will refers to the legal process of establishing the validity and authenticity of a deceased person’s last will and testament. When a person passes away, their will typically outlines how their estate should be distributed among beneficiaries and appoints an executor to administer the estate. To prove the validity of a will, the executor or other interested parties must submit the will to the probate court in the jurisdiction where the deceased resided. The court will then examine the document to ensure that it meets the legal requirements for a valid will, such as being in writing, signed by the deceased, and witnessed by witnesses who are not beneficiaries. If the court determines that the will is valid, it will grant probate, giving the executor legal authority to carry out the deceased’s wishes as outlined in the will. If there are any disputes or challenges to the validity of the will, such as allegations of undue influence or a lack of testamentary capacity, the court will hold hearings to hear evidence and make a determination. Proving a will involves gathering evidence, presenting testimony from witnesses, and following legal procedures to ensure that the deceased’s final wishes are honoured and their estate is distributed according to the law.

Convincing a probate court that a document is truly the deceased person’s will. Usually, this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic—that is, completely handwritten by the deceased and not witnessed—it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 13th April 2024.