Login

Section - B Wills

The Centerpiece of Every Estate Plan

1.   Legal Requirements for a Valid, Enforceable Will

The Testator (the person creating the Will) must be at least 18 years old, of sound mind, and not overtaken by fraud or unduly influenced by another.

The actual Will document must include at least one substantive provision, such as a transfer of assets or the naming of a Guardian for the care of minor children, be signed and dated by the Testator whose signature is witnessed by at least two people who are not beneficiaries of the Will.

A Will does not need to be notarized, however most states now provide the ability to “self prove” its validity without the future need for an executor to actually prove to the probate court that it in fact is the decedent’s actual will through witness testimony or affidavits.  Now, a Self Proving Will is deemed valid and proof that all the necessary formalities for execution have been satisfied if the Testator and the Witnesses sign an affidavit under oath before a Notary Public.

California and Indiana law provides that the witness’ signatures are sufficient to have the will admitted into probate unless the validity of the will is formally challenged.  In contrast, The District of Columbia, Maryland, Ohio and Vermont do not have Self-Proving Options, and instead require that the Executor prove your will is valid before it will be admitted into Probate Court.

Handwritten, Oral or Video Wills

Although Wills scribbled on napkins, uttered verbally to others while dying, or recorded in the form of video viewed by loved ones in a lawyer’s office are popular in movies for the drama these situations present, these options should not be used in real life. 

Handwritten or Holographic Wills are legally valid in about half the states, oral Wills are accepted in a few states under very limited circumstances, and video Wills are currently not valid in any state.  So, even though one of these options may be legally valid, they are fraught with risk of being challenged or invalidated, so why take any chances with something of such importance for you and your loved ones? 

Prepare your Will with the formalities that such an important document requires and deserves.

Share twitter buttons   

family3 park_scene park_scene
Home | Contact Us | Privacy Policy | Legal Information
Copyright 2009, FamilyWillPlan.com, All Rights Reserved. Disclaimer: FamilyWillPlan.com is a self-help legal information website. It is not an attorney or law firm and it does not provide legal advice. Your use of the information, resources and tools of this site may help you prepare your own Estate Planning documents without the expense of paying an attorney. If you believe your personal situation or needs are more complex and beyond the scope of the resources provided here, you should consult a licensed attorney in your jurisdiction. Your access and use of this site is subject to our Terms of Use.                                                  Designed and developed by CSSoftSolutions and Rousseau Graphics