Valid will
6/12/18 Valid will
A will is only enforceable if it is deemed “valid”. A properly executed will must meet certain requirements:
Legal age: a person must be of legal age to make a will.
Testament capacity: generally, a person is considered to have testament capacity if he or she has a sound mind, understands the nature and extent of the estate and understands that he or she is disposing of property and assets.
Intent: a person has intent to make a will if at the time of the signing, he or she intends to make a revocable disposition of property.
Voluntary: a will must be voluntarily entered into and signed by the testator. Wills executed by a person who was coerced into signing or who has signed them under duress are not considered valid.
Proper disposal of property: this includes listing property and assets and properly distributing them.
