For some adults, wills are the starting point for a thorough estate plan. For others, wills are the only document they technically need. A will can designate beneficiaries who inherit property, name a specific personal representative to administer the estate and even nominate guardians for minor children when someone dies.
Wills have a significant legal impact, making them the subject of much scrutiny after a person’s passing. Sometimes, family members and other interested parties may contest or challenge a will by asserting that it does not meet statutory requirements and is therefore not enforceable.
What do state laws require to ensure that a will is valid?
1. A written instrument
Digital technology makes it possible for people to communicate with audio recordings or through video footage. Video and audio recordings can be useful supplementary materials to a will. Testators can leave recordings speaking to their loved ones and explaining some of their choices. However, recordings cannot serve as testamentary instruments. A will must be in writing to be valid and enforceable.
2. A competent testator
Generally speaking, anyone over the age of 18 may have the necessary legal authority to draft a will. Teenagers who have pursued emancipation from their parents may also have testamentary capacity. However, serious medical challenges can undermine testamentary capacity and lead to questions about the validity of a will. Individuals may want to see physicians to validate their mental state and ensure there are records of their competency if they review or draft wills later in life.
3. Two credible witnesses
The law also requires that other people witness the signing of the will. They must be 14 years old or older. This obligation minimizes the possibility of fraud or undue influence exerted for personal living. Best practices include choosing uninterested witnesses who do not stand to inherit from the estate. Witnesses can later testify in court if there are questions about a person’s identity or their mental state at the time of the will’s creation.
Understanding and complying with the minimum requirements for a valid will can help people more effectively control their legacies and minimize conflict about their estate plans. The guidance of an estate planning attorney generally makes it easier for adults to draft wills that meet all regulatory requirements.