Legal Requirements for Writing a Valid Will

L ega l R equi rements for

Writing a Valid Will

by Dr Edgar Paltzer

Legal Requirements for Writing a Valid Will A last will and testament is a legal document and there are certain rules that govern its validity.

However, while it is advisable, it is not always necessary to use a solicitor or other legal professional to write a valid will, as long as the testator is aware of all the formal requirements that will make the document valid.

Requirements for the Testator To write a legally valid will, the testator must be aged 18 years or over, be making the will voluntarily, and be classed as being of sound mind at the time of writing. They must make the will in writing and be fully aware of the nature of this type of document, as well as their assets and the identity of any named beneficiaries. In many jurisdictions a will written entirely by hand dated and signed is valid.

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Requirements for Notarization and Witnesses In many jurisdictions for a will to be legally valid it must be notarized by a notary and witnessed by two uninvolved individuals, who must sign it in the presence of the testator once they have signed themselves. Witnesses (or their spouses or civil partners) cannot be beneficiaries of the will. If they are named as a beneficiary, this does not necessarily invalidate the entire document, but the specific inheritance to that person will not be made.

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You can learn more about the importance of writing a will by visiting the blog of Dr Edgar Paltzer.