Creating a valid will is one of the most important steps in any estate plan. It provides direction for how assets should be handled and gives clarity to loved ones during an emotional time. Without a valid will, an estate may be settled in a way that goes against the person’s wishes.
When a will does not meet certain requirements, it might be rejected and treated as if it never existed. That outcome can impact who inherits property, who manages the estate and how long the process takes.
Key elements that affect a will’s validity
Several key elements must be present for a will to be considered valid. Each plays an important role in confirming that the document reflects the true wishes of the person who created it.
- Legal age: A person must be old enough to create a will. In most cases, this means being at least 18 years old. In some situations, such as marriage or military service, a person may qualify earlier.
- Testamentary capacity: For a will to be valid, the person making it must have a sound mind. This includes understanding what a will is, knowing what property they own and recognizing the people who might inherit from them.
- Voluntary intent: The person must willingly create and sign the will. A will that was signed under pressure or undue influence may not be considered valid.
- Proper execution: Most wills must be signed by the person making the will and by two witnesses who are not beneficiaries. The witnesses must be present when the will is signed.
- Clear distribution: The will must clearly state how the person’s assets should be divided and name specific beneficiaries. Any unclear or missing details can lead to challenges later.
- Most recent version: Only the most recent version of a will is valid. If there is a newer will, it should include language that cancels earlier versions.
- Written format: A typed and signed will is generally preferred. Handwritten wills may be accepted in some cases, but can be more easily challenged.
When there are questions about whether a will is valid, seeking legal guidance can help confirm its status and prevent future disputes.