Legal Requirements of a Will

This is what has to be remembered about the law: beneath that cold, harsh, impersonal exterior there beats a cold, harsh, impersonal heart. - David Antony Frost Jay

The legal requirements of a will are the result of hundreds of years of law making. Most of these legal requirements are embodied today in your state's statutory laws. Many of the requirements are the product of repeated trial and error that has withstood the test of time and (more importantly) numerous court battles.

Although wills may vary from state to state, they all have the following basic legal requirements in common:

• A will should generally be typewritten or printed using a computer printer.
• The testator (i.e., person making the will) must be clearly identified in the will.
• The will should clearly state that it is the testator's last will and that all previously made wills are revoked.
• The testator must be at least 18 years old and of sound mind and body at the time the will is made.
• The testator must sign and date the will.
• The testator's signature must generally be witnessed by at least two qualified individuals. Your state may require three witness signatures and it is a good practice to have at least that many in case some of them become unavailable.

Keeping the above facts in mind, you should go with the flow and follow the will making process to the letter of the law. Bucking the system opens the door to a will contest and can result in a portion or all of the will being declared invalid. On the other hand, there is a great deal of security in knowing that there can be no problem with your will as long as you follow the rules.

For more background on the legal requirements of a will, consult the following sections:

• Identifying the Testator: This should seem obvious, but find out why it is so important for the will to identify who is making the will.
• Capacity to Make a Will: In order to make a will, the law requires you to be legally able to do so. Look here to discover more about this important legal requirement.
• Revoking Previous Wills: To avoid unnecessary confusion, learn why revoking previously made wills is so vital.
• Witnessing the Will: Read about the legal and practical purposes served by having your will witnessed.