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.

Signed, dated and witnessed: wills must be signed and dated by the testator in front of two disinterested witnesses who must also sign. (Disinterested witnesses include those who will not personally benefit under the will.)