Detailed Answer — What happens when a will is not properly signed under Vermont law
When a will does not meet the formal signing and witnessing rules required by Vermont law, the probate court may refuse to admit that document as a valid will. If the court treats the document as invalid, the estate usually proceeds as though no valid will exists — meaning assets are distributed under Vermont’s intestacy laws rather than according to the decedent’s intended plan. That outcome can change who inherits and how the estate is administered.
How Vermont law normally requires a will to be executed
Vermont requires certain formalities for a written will to be valid: the document must reflect the testator’s testamentary intent, be signed by the testator (or by another person in the testator’s conscious presence and at the testator’s direction), and generally must be witnessed. These formalities exist to reduce fraud and to confirm the testator’s intent. For an overview of Vermont probate and wills statutes, see Title 14 of the Vermont Statutes Online: https://legislature.vermont.gov/statutes/title/14.
What “not properly signed” usually means in practice
- The signature is missing or unsigned pages remain attached.
- Required witnesses did not sign or were not present.
- The signature was forged or applied without the testator’s intent.
- The signature was added after the testator lost capacity or under duress.
Immediate effects when the court treats the will as invalid
- The probate court may refuse to admit the document to probate as a will.
- No personal representative named by that invalid will will take office by virtue of the will; the court will appoint an administrator under Vermont’s probate procedures.
- Estate property will pass according to intestacy rules (the state’s default distribution rules) rather than the decedent’s written directions.
- Family members can expect longer administration, more court involvement, and possibly higher legal fees and disputes among heirs.
Possible legal avenues to avoid intestacy
Even when a will has a technical defect, there are potential remedies, depending on the facts and on evidence of the decedent’s intent:
- Admission under a doctrine that allows noncompliant documents when there is clear and convincing evidence the decedent intended the document to be a will. Whether and how a Vermont court allows this depends on the statutes and on case law; you will need counsel to evaluate the strength of that evidence.
- Proof that the document is a valid handwritten (holographic) will if Vermont recognizes handwriting requirements applicable to unwitnessed documents.
- A petition to reform or construe the document when the language is ambiguous or contains clerical defects, if a court determines the correction reflects the testator’s intent.
Practical consequences for heirs and administrators
When a will is invalidated, immediate practical consequences include delays in accessing assets, potential challenges from creditors, and disputes among family members about who should administer the estate. Real estate or bank accounts titled solely in the decedent’s name will typically be frozen until a court appoints an administrator. Beneficiaries named in the defective will may receive nothing if intestacy rules favor different relatives.
What to do if you discover a possibly invalid will
- Preserve the original document and any surrounding papers, notes, or communications that show the decedent’s intent.
- Contact the probate court clerk to learn the local filing procedures — the Vermont Judicial Branch provides probate information and resources: https://www.vermontjudiciary.org/court-probates.
- Consult an attorney experienced in Vermont probate and estate litigation promptly. Time matters when assembling evidence and submitting petitions.
- If administration has already begun under intestacy, discuss whether you should file a petition to admit the contested document or to be appointed administrator.
Where property goes if no valid will exists
If the court determines there is no valid will, Vermont’s intestacy rules determine who inherits. Intestacy commonly prioritizes the surviving spouse and blood relatives (children, parents, siblings), allocating shares based on the family structure. For the statutory text governing intestacy and related probate rules, see Title 14 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14.
Key takeaway
A will that lacks the required signature or proper witnessing risks being treated as invalid in Vermont probate court. If the court declines to admit the document as a will, the estate will most likely be administered under Vermont’s intestacy laws, which can change who inherits and trigger contested proceedings. Prompt action to preserve evidence and consult a probate attorney improves the chance of preserving the decedent’s intent or mounting a successful petition to admit or reform the document.
Disclaimer: This article explains general principles under Vermont law for educational purposes only. It is not legal advice, and it does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Vermont attorney.
Helpful Hints
- When creating a will in Vermont, sign it personally and have the required witnesses sign in your presence. Simple formalities prevent big problems later.
- Consider a self‑proving affidavit signed before a notary; it speeds probate by avoiding witness testimony about signing.
- Keep the original will in a safe place and tell a trusted person where it is. Avoid destroying or altering the original document after signing.
- If you find a will that lacks signatures or witnesses, preserve everything — do not discard any drafts, notes, or related messages that show intent.
- Act quickly. Probate deadlines, creditor claims, and the risk that evidence is lost make timely action important.
- When in doubt, contact the probate clerk for filing steps and a Vermont-licensed probate attorney for strategy tailored to your situation.