- Each state obligates individuals to include certain conditions when drafting a will.cemetary 3 image by sonya etchison from Fotolia.com
Every state differs from each other regarding the legal requirements for creating a valid will. Generally, there are certain legal requirements that each state must follow to avoid any declarations of invalid wills or will contests. The possibility always exists of a person contesting the validity of a will. However, if the will is drafted meeting all the legal requirements, the will will more than likely be declared valid by the court. - Witness signatures help ensure the validity of the will.bisness. image by mashe from Fotolia.com
According to most states, the basic legal requirements to drafting a will include the testator's full name, mention of previous drafted wills to avoid confusion, and the testator's signature. Also, the testator should be at least 18 years old and the witnesses should not be named beneficiaries of the will. - It is important for the will to provide a description of the property and assets.writing image by jimcox40 from Fotolia.com
To ensure that any assets or property does not default to the state, the testator should include certain terminology when designating assets and/or property to a place or person such as the type of property or asset, the full name of the person or place the asset or property will be designated to, the property's exact location, and the duration of ownership of the stated property or asset given.
To avoid confusion, specifics should be made when discussing property and assets. - Certain circumstances may invalidate a will.signature image by kuhar from Fotolia.com
There are certain instances in which a will may be declared by a court as invalid such as duress, caused by manipulation or force, during the execution of the will, the testator was of unsound mind, i.e., mental incompetence, during the creation of the will, or the testator signed without witnesses.
Legal Requirements
Terminology
Invalid Will
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