Wills
A Last Will and Testament, also known as a Will, is a document wherein you express your wishes in connection with the disposal of your physical remains, the distribution of your property or estate, and the care of persons for whom you have legal responsibility such as your minor and/or incapacitated children.
For the Will to be valid and enforceable, you must affix your signature in the Will and it must be witnessed by at least two adult persons. Your witnesses must not be among the beneficiaries of your Will, that is, they must not accept any real or personal property that you will leave behind in your Will.
The requirements for a Last Will and Testament include:
- You must actually sign the Will;
- You must be of sound mind (that is, you must be on your right mind) when you sign the Will;
- You must have signed the Will according to your own volition, and not forced by anybody else;
- The date when you sign the Will must be clearly stated. This is to ensure that the Will is not superseded by any later Will; and
- The place where you sign the Will must also be stated with certainty. This is an important requirement because it would help to determine whether the law of the state where you make your Will is strictly followed.
If your Will does not satisfy all these requirements, then it is not a valid Will and in the event of your death, you will be considered to have died without a Will. For this reason, it is important that you hire a lawyer who is very familiar and has the expertise in drafting a Will. Remember, if you would like your final wishes to be respected and enforced, you must draft your Will in accordance with the formalities and requirements of the law of the state where it is executed.