What are the requirements of the Statute of Wills?
What will be an ideal response?
Every state has a Statute of Wills that establishes the requirements for making a valid will in that state. These requirements are the following:
1. 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 state statute.
2. Writing: Wills must be in writing to be valid. The writing may be formal or informal. Although most wills are typewritten, they can be handwritten. The writing may be on legal paper, other paper, scratch paper, envelopes, napkins, or the like. A will may incorporate other documents by reference.
3. Testator's signature: Wills must be signed. Most jurisdictions require the testator's signature to appear at the end of the will. This step is to prevent fraud that could occur if someone added provisions to the will below the testator's signature.
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