Elder Law

Requirements of a valid Last Will & Testament

In order to create a valid Last Will & Testament (“Will”) in Indiana, the person executing the Will must follow specific rules. A Will must either be in writing or you may have an electronic Will under additional specific rules. Either option requires the signature or electronic signature of the person creating the Will along with corresponding signatures of at least two disinterested witnesses. To be disinterested, a witness must not inherit anything under the terms of the Will. For example, if you leave all of your assets to your three children, the Will may not be valid if it is only signed by one disinterested person and one of your children. In addition, the witnesses must be in the presence of each other and see the person signing their Will. It is good practice, but not required, to initial the bottom of

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each page to ensure no changes are made after you execute your Will. All parties involved must be legal adults and be of sound mind.

You should consult your elder law attorney to ensure that the execution of your Will is valid and as challenge-proof as possible.