How do I ensure that my will is valid?

Crafting and creating a will may not be on everyone's fun list, but as an adult, it is one of the most essential steps to ensure that your wishes are respected and that your loved ones are taken care of after you are gone. The last thing you want is to ruin the family dynamics and potential relationships as your family goes through the will-contesting process, which happens more often than not in households without wills or with invalid wills. This begs the question of how you ensure that your will is valid, and your inheritance and legacy are secured. In this article, we will explore the conditions needed to ensure the validity of a will. 

Conditions Needed to make a will Valid

Most people think a will is just about jotting down your wishes on a piece of paper and signing it but being a legal document there are specific conditions that it must adhere to in order to ensure its legitimacy and make it easy for your lawyer(s) and loved ones to execute and enforce it. Here are the key conditions that you should consider.

In Writing and Signed

The most important step of a will is writing it down. This may either be done manually using a pen and a piece of paper or digitally by typing and printing out the document. While in the digital world, it may be tempting to write an electronic will (which is acceptable in some states), most states and countries require a tangible document. This is because such a document is undeniable evidence of the willmaker's intent and wishes. 

Another crucial part of the document is signing it. The individual making the will, often known as the testator, must sign the document to approve and confirm that the content and information contained herein reflect their desires. Additionally, it is important to date the will, which can be used to determine the timeline and show the testator's most recent wishes in case circumstances change. As with the writing of the will, it is better to use old-fashioned ink on paper to sign it rather than opting for electronic signatures. Written signatures are more credible and much easier to verify than electronic ones.

Must Be Age 18 and of Sound Mind

When determining the validity of a will, the age and mental capacity of the testator play a crucial role. The person writing down the will must be at least 18 years old, which is considered the legal age in most states. This requirement ensures that the maker of the will has the mental capacity, understanding, and maturity needed to make informed decisions about the will.

Secondly, one needs to be of sound mind to make a will. This simply means that they must be able to comprehend the implications of the decision they are making and the value of the assets that they are leaving to beneficiaries. The requirement of a sound mind is a safeguard that prevents undue influence and manipulation. 

Notarization

While it is not a primary requirement of a will notarization adds a layer of security and credibility to the will. A notarized will has a sworn statement of the testator and witnesses which helps affirm the validity of the document. Additionally, a notary can confirm that the make of the will wrote and signed it willingly and without pressure.

Notarization not only affirms the will's validity but also makes it easy to execute since it eliminates the need for a witness to verify the validity of the will. Skipping this step can save you a significant amount of time and hassle, ensuring peace of mind for the testator and the loved ones.

How to Determine if a Will is Valid

Now that we have explored the key conditions of making a legally binding will it is also important to understand how you can determine if a written will adheres to all the above criteria. Here is how you can determine the validity of a will.

A Will Must Be in Writing

The written format is non-negotiable for a will to be valid. A written document must exist and, in most cases, a physical copy for it to be considered valid. This a safeguard against informal or verbal agreements that are easily disputed since they are hard to prove. Ensure that your will is clearly written leaving no room for misinterpretation. 

Two Adult Witnesses Must Sign

In most states, a will needs to be witnessed and signed by two adults of sound mind who are party to the will or beneficiaries of it. This ensures that the document is impartial and credible since the witness can testify to its authenticity if need be. 

Must be Signed and Dated

Signing a will isn't just a formality, it is a stamp of authority on the document. When signing a will, it is recommended that you do it in ink as electronic signatures are not universally accepted. Secondly, ensure that it is well dated. The date will underscore the recency of the will ensuring it represents the current wishes of the will maker. 

In some states there are provisions ensuring that a holographic handwritten will signed by the testator does not require witnesses. However, such wills can be susceptible to disputes since they lack external validation. One of the major concerns is on the authenticity and ambiguity of the testator's handwriting.

Looking to Craft Your Will?

Crafting a will is the best way to ensure that the interests of your loved ones are taken care of and prevent potential disputes and uncertainties during an emotional time. By carefully considering all the conditions required, you can make a reliable and valid will. Looking to craft your will and secure your legacy before your time runs out? Visit us today to craft your will or seek legal advice as far as securing your assets and legacy is concerned.