False Security: Is your Will Legally Valid?
The last will is a way to ensure that your wishes are honored when you pass away. If your will is not legally valid, your wishes may not be fulfilled. Instead, the laws of “intestate succession,” which means that your stuff gets passed on to the state, might not be the person you choose. We congratulate anyone who has created an online will. However, it is essential to have the document reviewed by legal professionals to ensure it meets your needs. It’s a common mistake we have often seen: Someone thinks they have created a will because they did something. However, the wrong thing was what they intended, and their family had to deal with all the confusion, miscommunication, and complications.
As last-will laws differ from one state to the next, the validity of a will depends on where you live and when you die. To be legally binding, most states require that intentions meet the following requirements:
The Essential Requirements
- To create a legal will, you must be at least 18 or an emancipated child.
- When you make your will, you must have a clear mind and understand your wishes for your estate and who you want as a beneficiary.
- You must sign or have someone sign your will if you cannot do so.
- At least two witnesses should be present to sign the document, even if they are not beneficiaries. Some states allow one witness to sign as a beneficiary, while others cannot.
You can write a holographic will, and this is a will you write entirely in your hand and with no printed material. A holographic will is valid even if witnesses are not required.
If a Will isn’t valid
The court can declare invalid any will that does not comply with your state’s requirements. There are a few possibilities in this situation. Your form could make your estate go under its intestacy laws. This means that your assets would be passed to your nearest living relatives per the law, and you may not want your help to go to them.
What Do You Need?
While a will can be a foundation for any estate plan, it may not be sufficient to meet your needs. Your assets are not protected from the court, and a will is not effective in the case of your incapacity. Your loved ones will not receive your purchases if you die.