Explain the requirements for making a will
What will be an ideal response?
A will is a declaration of how a person wants his or her property to be distributed upon his or her death. It is a testamentary distribution of property. The person who makes the will is called the testator or testatrix (if female). Every state has a Statute of Wills that establishes the requirements for making a valid will in that state. These requirements are:
• Testamentary capacity. The testator must have been of legal age and "sound mind" when the will was made. The courts determine testamentary capacity on a case-by-case basis. The legal age for executing a will is set by statute, and is often 18.
• Writing. Wills must be in writing to be valid (except when nuncupative wills are allowed). The writing may be formal or informal. Although most wills are typewritten, they can be handwritten. The writing may be on legal paper, scratch paper, envelopes, napkins, or other paper. A will may incorporate additional documents by reference.
• Testator's signature. Wills must be signed. Most jurisdictions require the testator's signature to appear at the end of the will. This is to prevent fraud that could occur if someone were to add provisions to the will below the testator's signature. Additionally, wills must be attested to by mentally competent witnesses. Although state law varies, most states require two or three witnesses. The witnesses do not have to reside in the jurisdiction where the testator is domiciled. And, most jurisdictions stipulate that interested parties, such as a beneficiary or the attorney who drafted the will, cannot be witnesses. If an interested party has attested to a will, state law either voids any clauses that benefit such person or voids the entire will.
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