What You Need To Know To Make A Last Will & Testament Valid

There are three elements that the court looks for when it determines if a will is valid: the will be in writing. Although some states do recognize an oral will, they do so under very limited conditions. An oral will that is made on a death bed or by soldiers in the military are examples of such conditions. Every state recognizes a written will. The will must be signed by the testator. The testator can direct another to sign for him providing that the person signs the will in the testator's presence. You do not hav to know how to write your name in order to sign your will, because the law will accept any mark that you want to use as your signature.

Most state laws require that the testator sign at the end of the will. The will must be attested to. This simply means that there must be at least three disinterested witnesses who are willing to sign your will. These witnesses must sign in the presence of the testator, a notary and each other. They must also include their addresses. Remember, none of the beneficiaries of your will can be witnesses. Be abslutely sure that your witnesses will receive no inheritance from your will and that they are not your personal representative, an appointed guardian, your spouse, or any other relative. Your witnesses must be of legal age and understand what it is they are signing, and they must live locally in case a question should srise concerning the validity of the will. Note that the will should be notarized. This establishes the fact that you didi sign the will, so that there can be no question about the identity of the person who signed the will.

If you have a blank Last Will & Testament you will find the opening paragraph, beginning with the words "BE IT KNOWN." The purpose of this paragraph is to identify you as the person making the will, to identify your permanent address, to declare that you were of sound mind when the will was made, to declare this document to be your last will and testament, and to revoke and cancel any prior wills you might have made.