What Makes a Last Will and Testament Valid
Jun 01, 2023You can go your whole life where no one honors your wishes or listens to a darn thing you say. But there is one truly amazing time of life that your wishes will be honored, and the law will even protect those wishes! That time is upon your passing away.
You get everything you want if you have properly crafted a last will and testament by golly. You have a legal guarantee that you will be heard, and whatever you want matters in a court of law. Your wishes are enforced and protected by the law.
When you create your last will and testament, you can secure the future of those you love and care for. Making sure your will is valid is one of the most important things you can do to protect your family in the event of your passing.
How do I know if my last will and testament is valid?
How do you know if your will is valid or not? There is so much confusing information out there on the internet. Sometimes, searching for the simplest thing can be the most unsatisfying when searching for information on the Internet about creating that will.
Every written article that appears in an Internet search on creating a will comes from a different location, some states in the US, the UK, or maybe South America. It is frustrating to get consistent information to understand because every place on earth has different rules and laws governing how to make a valid will.
For instance, of the 50 states in the US, about half of them say that a handwritten will is completely valid. Some states insist that the handwritten will have multiple witnesses, while others require no witnesses. Other states require the will to be notarized.
Do you or your aging loved ones have a will prepared?
So how are you supposed to know what to do? There's so much confusion that most people give up, take their chances, and hope they will never die, or they choose to leave it to their loved ones when they're gone!
Two-thirds of the population has no legal protection for their heirs. Most of the time, they consider it too hard to find out what is needed.
But there is a very clear way to find out how to craft a valid will. And that way is to correctly search the legal websites in your place of residence to determine exactly what is legally necessary. Each state, province, and country will have specific legal requirements, so when you are searching, go to the legal authority in your specific location.
For instance, searching for legal assistance in my state, I would use the following words: Arizona, legal, judicial branch, courts, last will, and testament. This way, I will arrive at a destination that is not simply someone's opinion, but I will get the latest up-to-date legal requirements.
Every will should have these common items:
Every state in the US has different laws, but the following is a list of what makes a will valid in any state:
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In most states, the creator ("testator") must be at least 18 years of age. Those under 18 who are legally allowed to create wills are those in military service, married people, or a minor child who is legally freed from parental care, i.e., "emancipated."
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Language must include words like "testament" or "last will and testament."
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The creator ("testator") must prove to be of sound mind. If those with mental illness or dementia/Alzheimers are lucid when they create the will, it is valid. (If you believe it may be contested at a later time, be sure to include a "self-proving affidavit." This document confirms by two witnesses and notarization that the testator is currently competent.)
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The will must be signed. The creator ("testator") must not be forced or coerced into signing; if under duress, the will is invalid. The testator may ask someone else to sign in their place; even an "X" is acceptable.
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Depending on your state and the laws governing witnesses, you may need up to three witnesses or even a notary public to provide notarization. Witnesses must be of legal age, 18, and will not benefit from the will in any way.
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The document must have the current date.
So, these are the legal requirements that are in all states here in the US to confirm validity. But what else should a will include?
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In writing the will, the most important thing is to designate who gets what. Include the property that you own and the beneficiaries who will get it. Beneficiaries can be children, relatives, businesses, or even organizations. Property can be housing, money, investments, and possessions.
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Appoint someone who will do what you tell them to: this person is known as the Executor. The executor has a hefty responsibility to enact your wishes, so pick someone you trust will accomplish what you want.
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You can also include what you do not want. For instance, you don't want that creepy relative getting any benefit from your passing, and that can be written as well.
Writing a last will and testament is something that nearly everyone puts off. It seems overwhelming and uncomfortable and feels like something that will never be needed. Truth is, nobody gets out alive, and at some point, this has to be completed.
It's really not hard. It's weird, but it's not hard.
If you can take just a moment to think and then pick a time to accomplish this task when you are not stressed out, when your head is clear, and you have just a few minutes to put something down in writing, you will be surprised at how much better you will feel.
Things to consider when completing your last will
A valid will can be handwritten or typed, depending on where you live. Online resources are always available to provide templates and guidance, and utilizing them can greatly ease your anxiety.
If your state requires witnesses, run to the house next door and ask your neighbors to watch you sign it, putting their names with yours. Or, drive to the local UPS store or bank branch and ask the notary on duty to watch you sign it and notarize your signature.
Or, if the whole thing completely overwhelms you, bite the bullet and hire an attorney. They are amazing resources who can do all the hard thinking for you and provide you with exceptional peace of mind.
The point is, get it done. You are smart, courageous, and thoughtful enough to complete this task! You can totally do it!
You're not alone! Aging Agendas can help
If you need more assistance, check out the online courses, including "Getting Your Affairs In Order When You Haven't a Clue What to Do" at https://www.agingagendas.com/course-options.
We're here to help you navigate the process of getting your affairs in order so your loved ones don't have to. Visit the website AgingAgendas.com for additional resources or to use the contact information to ask a question.
