3 Requirements that Ensure Your Simple Will is Valid

There are several factors to consider when it comes to your will. You want to ensure that your will is legitimate and that the courts will uphold it. You should also ensure that your will is clear and easy to understand.

Suppose you’re concerned about whether or not a simple will, will be recognized as legitimate by the court after your death. In that case, you must ensure that it meets the three critical elements for any will to be considered valid in the eyes of the law.

So, if you want to ensure that your simple will is valid, continue reading.

What is a Simple Will?

A simple will is a valid and enforceable document that details how you want your possessions dispersed after death.

In most circumstances, a simple will is the most effective approach to ensure that your intentions are performed and that your friends and families are cared for following your preferences.

A will is a powerful agreement that may have far-reaching consequences in a given situation, both during and after its existence. It is critical to ensure that a choice is drafted correctly to guarantee that the person’s desires are carried out.

A simple will is simple to make and has several benefits. It does, however, have certain restrictions and backlashes. A simple will is suitable if you have neither trust, a partner, or a biological relative who can acquire your possessions.

This can safeguard your possessions from the clutches of those you don’t trust and those who might misuse them. If you’re unsure how to write a will, you can always consider using a simple will form to use as a guideline.

What Are the Requirements for a Simple Will to Be Valid?

If you live in the United States, the prerequisites for a valid will differ according to your state. However, we will go through the general requirements that a simple will must be considered legitimate and executable. Before you begin writing a will you should keep these in mind.

1. Adult and Mental Capacity

You should be at least 18 years old to make a will since you are not regarded as an adult until you reach the appropriate age under the law. Under the legal purview, 18 is the age that is deemed old enough to make informed decisions.

To be mentally sound, you must grasp the nature and scope of your property, as well as the people involved in your will. You should also be able to comprehend the implications of your decisions.

2. In Writing and Signed

An oral will is more accessible to refute than a written will. This is because what was stated in a written will is more accessible to verify than what has been said in an oral will.

It is harder to modify a written will than a verbal will. This is because changing a document signed by the individual who wrote the will is more complex than changing an oral will.

Finally, unlike an oral will, a written will is not easy to lose. This is because a written will may be kept in a secure location, for example, a safe deposit box. Still, an oral will could be forgotten with time.

A will should be written and signed to avoid fraud or unfairness. If a will is made orally, someone can argue that the testator stated anything other than what was expressed.

This might generate disagreements among beneficiaries, and proving what the testator genuinely said can take time and effort. Since it serves as a complete record of the testator’s desires, possessing a written will can assist in avoiding this form of fraud or error.

A will must be written and signed to offer explicit directions to the executor, a will must be written and signed. If a will is not written down, the executor may have to infer what the testator desired.

This might cause delays in the probate procedure as well as mistakes to be made. Since the executor will clearly grasp the testator’s desires, having a written will can assist in preventing these issues.

Finally, signing a written will by the testator might assist in minimizing disagreements amongst beneficiaries after the testator’s death. Beneficiaries may disagree regarding who should receive whatever if there is no will or if the will is oral.

This might cause the transfer of the estate to be delayed, as well as resentment among family members. And since the recipients will know precisely what the testator desires, having a written and executed will assist in avoiding these sorts of conflicts.

3. Notarized

For a will to be deemed legitimate, a will must be signed by the person creating the will (the “testator”) and attested by two other individuals.

Notarizing a will assures that it is genuine and hasn’t been interfered with. The notary official who executes the will certifies that the testator signed the paper in their presence, as did the witnesses.

If a will is not notarized, it may still be declared legitimate if the testator signs it and two other individuals witness it. However, the probate court may seek more proof to verify that the will is genuine and unaltered. This might cause the probate procedure to be delayed and result in extra expenditures.

Notarizing a will is a low-cost procedure that can save you time and money in the long term. It is essential to ensure that the will is correctly carried out to eliminate any problems with its legality.

If you’re will contain all the requirements mentioned above, then the grounds for contesting your will are little to none.

Final Words

We’ve previously discussed whether or not your simple will is legitimate. However, if you are still unsure about the validity of your simple will, you should check

An attorney may evaluate your will to verify that it complies with all legal requirements and assist you in making any required adjustments. Make sure you take the time to consult with an attorney to ensure that your final wishes will be carried out.