When it comes to writing your will, the last thing you want is for your wishes not to be honored. This can also lead to people being unsure of what they should and shouldn't do as per your request. Sadly, writing your last will and testament on a piece of paper and keeping it somewhere safe isn't a legally binding document. Thats right, no matter how specific you are and the template you use, it won't be legal. There are requirements that should be met to ensure your will is legal. These requirements ensure the contents are abided by once the will is read.
If you want to avoid excessive drama and worries after your death and for your loved ones to be clear about your wishes, then read on to find out how to ensure your will is legally binding and nothing is left unclear.
For your will to be recognized in the eyes of the law, the person wiring the will needs to be over the age of 18 to leave a will.
The person writing the will needs to be of sound mind. This means they must understand what they are doing when writing and signing a will. They need to be fully aware of the gravity of writing a will and what it entails. Thus, also understand the disposition of assets included in the will.
One of the most common angles used when wills are contested is that the testator wasn't of sound mind. Therefore, ensuring this is the case when the will is drawn up and signed can remove this complication. This also helps avoid any legal wrangling concerning your will. Using an Estate Lawyer can help you to distribute your property and assets correctly. Furthermore, they can be on hand to deal with any litigation issues regarding your will.
Signatures are vital when it comes to making a will legal. The testator must sign the will when it is drawn up, including if on the deathbed, as long as they are in a solid state of mind. Some states require this signature to be witnessed by two other persons over the age of 18, and some require this to be three witnesses. Everyone must be in attendance when signatures are made for the signature to be valid.
These witnesses must also sign the will as soon as possible.
While a will doesn't need to be notorized at the point of signatures, it can be beneficial in resolving any disputes related to matters concerning the will. A will that is notarized at the time of signing is determined to be self-proving in some states. All signatures need to be made in the presence of a notary for this to be confirmed. It is a vital step in avoiding any disputes or wills in the event of your death.
Every single person aged 18 and over should have a legally binding will. This should also get updated as their life and circumstances change. It doesn't matter how much or have little you have to leave to your loved ones; if you want to be confident you are leaving your most treated possessions or monetary gifts then a will that is written in a sound state find of, witnessed, signed, and notarized will ensure this is carried out to the letter.
