Elements of a valid will

Making a will is an essential act with far-reaching consequences. Since you can’t possess your belongings when you are dead, having a will is the safest way to ensure that those you love will benefit from them when you are gone. Moreover, they will legitimately get the items. It is therefore vital to have a well-executed will that shows how you would like your property to be handled upon your death. The will should state who you want your property to go to and how it should be divided. However, the rules pertaining wills vary from state to state, but there are general formalities that must be met to avoid inheritance issues. Below are some of them

Requirements of a valid will

Legal age

This is one of the most vital requirements of a valid will. The person must be of legal age to make one. In most states, the legal age is 18 years and above. In addition to that, if the individual is legally married or serving the military, they are of a legal capacity to write a will.

Testamentary capacity

Despite the varying laws in different states and countries, a person has testamentary capacity if they are of sound mind. That means that they have to know that they are making a will and its effect on them and the ones involved. They should also have an understanding of the estate in question, and they should know that they are disposing their property and assets at their will.

Voluntary

The testator must enter into the will and sign it voluntarily. A will is not considered valid if the person signing it was coerced into it or was put under pressure to do it. It would not be recognized as a valid document unless it was done voluntarily

Proper disposal of property

The will must dispose of the property of the testator properly. For that to happen, the property must be listed and distributed properly among the family members and friends according to the testator’s wishes.

Signed, dated and witnessed

Some wills are handwritten while others are carefully typed. It all depends on the preference of the testator. However, it will not be valid unless it signed and dated by the testator in the presence of two witnesses. They should be disinterested which means that they are not beneficiaries of the will. They are also expected to sign for the validity of the will.