Introduction

The process of writing a will can be stressful and uncomfortable. However, it is a necessary evil. Every adult should have a will drafted and safely stored in case of his or her death. This not only makes sure that items from the person’s estate are distributed as the testator, will writer, wanted, but it also helps to reduce conflicts and confusion during probate. This article will go over the basics of drafting a will including what people need to be identified, what probate is, what makes a will valid, and what needs to be included in a will.

What Makes a Will Valid

The legal restrictions that govern the execution of your last will and testament will vary from state to state. However, there are a few basic elements that must be present to make a will legal. First the testator, the person who the will is for, has to be at least 18 years old. If the person is 17 years old, married, and of sound mind they may also draft a legally enforceable last will and testament.

The second requirement is that the person has to be of sound mind. This means that they have to know that they are writing a will, and they have to understand that the document will be used to distribute their property in the event of their death. They also must be lucid enough to know what property they own, who their loved ones are, if they have any dependents, etc.

They must also follow the state legal requirements for writing a will. The requirements set out in this test for validity will vary from state to state, and legal requirements for multiple states may be applicable if the testator owns property in more than one state. If this is the case, it is highly recommended that legal counsel be sought when drafting a will to make sure that all legal requirements are met.

Finally, a statement must be made within the document that attests that the testator knows and intends for the document to be their last will and testament, and that they intend for it to be enforced as such after they pass away.