How to Create a Valid Will

My name is Shanna Yonke, and I’m an attorney on Ruder Ware's Estate Planning Team. My topic for today is how to create a valid will. There are three requirements. First, you must have legal capacity, meaning that you are age 18 or older and you understand that you’re creating a will, the nature of your property, and to whom you’re leaving that property upon your death. Second, your will must be in writing. And third, you must sign your will in the presence of two witnesses.

In addition to these three requirements, there are two best practices that we recommend. First, we recommend that your witnesses are disinterested, meaning they will not inherit any property from you. And second, we recommend that you sign your will in the presence of two witnesses and a notary, so that your will may be admitted to probate without a court hearing. In order to create a valid will, please feel free to contact any attorney on Ruder Ware’s Estate Planning Team.

The content in the post is based upon the state of the law at the time of its original publication. As legal developments change quickly, the content in these posts may not remain accurate as laws change over time. None of the information contained in these publications is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. You should not act upon the information in these posts without discussing your specific situation with legal counsel.

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