Is your will legally valid?
A will is more than putting your last wishes on paper. It is a legal document enforceable by a court, and it must be legal and valid. Otherwise, it might be declared null and void when distributing your estate.
Can the document you have withstand the legal test when the time comes? You will have peace of mind and protect your beneficiaries’ interests knowing that you have a properly drafted will. Here are some crucial requirements when coming up with a valid will.
You must have the legal and mental capacity
Only an adult with a sound mind can make or alter a valid will. It means that you must understand the nature of coming up with the will, and its effects on your estate. In addition, you should remember and understand your relationships with the persons named in the will.
You must not be under the influence of another
A valid will should reflect your last wishes. Therefore, there should be no coercion or trickery to have things done in a certain way by an interested party to the will. Should there be evidence of foul play or undue influence on the testator, the probate court may void the will.
The will must be signed, dated and witnessed
At least two parties who have no interests in a will must bear witness to the will by signing it. On top of that, the person who creates the will must also sign and date it. If you are incapable of signing at the time, someone else can do that on your behalf as long as witnesses are present. However, there are certain exceptions to this requirement.
Do not leave any loopholes
When making your estate plans, you want a solid document that won’t put your loved ones through unnecessary stress and uncertainties. A lot could change when the probate court nullifies your will, and your loved one will pay the price.
Therefore, it is crucial to get everything right when planning for the future of your estate, be it coming up with a legally valid will or setting up a trust, among others. Experienced legal guidance can help.