Koeberle Law Firm

The Elements of a Valid Will!

Posted on 22. Feb, 2010 by briankoeberle in Wills

Recently a dear friend of mine passed away.  It was later discovered that in her final days she attempted to hand-write a “will” on a piece of paper.  Unfortunately, the document she wrote lacked many of what are considered to be the essential elements of a valid will.  As a result, the validity of the document came into question.

To protect yourself from this same problem, pay close attention to the following essential elements in making a valid will:

• You must be of “legal age” to make a will.  In most jurisdictions this is 18 years old.
• You must have “testamentary capacity” to make a will, which is what many refer to as “sound mind”.
• You must have “intent” to make this document your last will and testament.
• You must “voluntarily” sign the will and not be under any duress to make a will.
• The will must properly “dispose” of your property.
• The will should be a “written” document and “witnessed” by two other parties.
• The will should be “properly executed” by you as your last will and testament.

In addition, pay close attention to the following:

• Make sure you revoke any prior wills and/or codicils.
• Provide for the payment of your just debts and funeral expenses.
• Name an Executor/Executrix (and alternate) who will be responsible for wrapping up the affairs of your estate.
• If you have any minor children, name a guardian or guardians of both your child’s person and estate.
• Make sure that the signatures on the will are acknowledged by a notary.
• Lastly, consult with an attorney to make sure that a valid will is properly prepared for you.

Tags: estate planning, Wills