How To Make Sure Your Will Is Legally Valid

Most of us have written wills in place to ensure that our life is respected according to our wishes when we die. However, it is important to know what exactly validates your will whether it is typed or handwritten. If a will is considered invalid by the state your death occurred in, your dying wishes may not be properly distributed.

There are different requirements for wills created online and handwritten wills. Also, the validity of a will depends on where you live when you die, as laws vary from state to state. Please be sure to double check with an attorney what your state requires for wills to confirm your will is valid. Most states require wills to meet the following criteria to be legally binding:

Typed/Electronic Wills

· You must be at least 18 years old (or an emancipated minor) to create a legally valid will.

· You must be of sound mind and capable of understanding your intentions for your estate, who you want to be a beneficiary, and your relationship with those people when you create your will.

· You must sign your will or direct someone else to sign it if you are physically incapable of doing so.

· There must be at least two witnesses—who are not beneficiaries— present at the signing. Some states do allow for one witness to be a beneficiary as long as the other witness is not.

Handwritten Wills

· You must be at least 18 years old (or an emancipated minor) to create a legally valid will.

· You must be of sound mind and capable of understanding your intentions for your estate, who you want to be a beneficiary, and your relationship with those people when you create your will.

· You must sign your will or direct someone else to sign it if you are physically incapable of doing so.

· Your will must be completely written in your hand with no other printed material on the page and no other writing from another person.

· There are no witnesses required; having a witness would invalidate your will as there is to be no other writing than your own.

What Happens When A Will Isn’t Valid?

If for any reason your will is considered invalid, your will would fall under intestacy, or in other words, the state of dying without a will. This means that the court would appoint your closest living relatives to obtain all your assets. The best way to avoid this is share your will and estate plan with an attorney here at North County Legal. We can ensure that your will is valid and if it is not, we will walk you through the process of making sure it becomes valid according to your current state. Our priority here at NCL is to protect your wishes and your family in the event of your death or possible incapacity.