By Attorney Wyon F. Wiegratz
- Competency/Free Will: You must be an adult (18 or older) and have the mental capacity, that is, be of a sound mind to understand what you are doing. You must not be under the influence of drugs or the influence of another person. If you have psychological issues, it must be signed during a period when you have a lucid moment.
- Typewritten: A handwritten will if not valid except under some very limited circumstances.
- Date and Signature: Your will, to be acceptable, must be signed by you before two witnesses. For your will to be immediately accepted in some states, it needs to be signed and witnessed a second time before a notary.
- Witnesses: Two disinterested witnesses are required. If your will is going to be taken out of state, it is advisable that it be further signed, witnessed and notarized in front of a notary.
- Absence of Markings on Original Will: It is recommended you have only one original signed will. Any changes to a will should be made by a formal codicil signed in the same manner as your will. Any markings on the will may be interpreted as your invalidation of the will.
A will is a direction to the probate court on how you want the property that is in your name to be settled after your death, unless you provided other directions such as joint ownership or a proper beneficiary designation as to that asset. You should still have a will even if you have all your assets in a trust or all your assets jointly owned or in beneficiary form.
Your original will should be put away in safekeeping, but photocopies of the will can be made and might serve to replace your will if your will is destroyed by accident, such as by theft or fire.
It is recommended that you hire an attorney to draft your will and advise on how to plan your estate, including considering the need for such things as powers of attorney to handle your health care and finances if you become incapacitated.
