FREE Last Will And Testament EBook

"Why Some Last Will And Testaments Are Invalid"



Section 3: "Why Some Last Will And Testaments Are Invalid"

1. Failure to properly execute (sign and witness) a Last Will And Testament:

It seems obvious that if your Will is not signed, it is not valid. However, there is a little bit more to properly signing your Will than simply signing your name. First, you must sign your Will in front of witnesses who actually see you sign your Will. Second, the witnesses must be adults. Third, most states require two witnesses, but several states require three witnesses. Therefore, it is best to have three witnesses. Fourth, the witnesses must also sign your Will saying that they actually saw you sign your Will and that you are competent, an adult, and know what you are doing. If you do not sign your Will and have it witnessed in this manner, your Will will not be valid and not enforceable.

2. Having a beneficiary sign as a witness:

If you have a beneficiary witness your Will, one of two things will happen, and both are bad. First, depending on the applicable state law, either your Will will be deemed invalid and not enforceable, or second, the part of your Will concerning the beneficiary who witnessed your Will will be invalid and not enforceable. The point is: do not have a beneficiary sign your Will as a witness.

3. Holographic (handwritten) Wills:

A holographic Will is a Will that you write in your own handwriting and you do not have any witnesses witness your signing it. In some states, holographic Wills are valid. In other states, these handwritten, not witnessed Wills are not valid and not enforceable. It is acceptable to have a handwritten Will as long as you also follow the normal signing procedures with witnesses. If you really want to handwrite your Will and not have any witnesses, talk to a lawyer licensed in your state to see if such a Will is valid.

This ebook is for general information only and may not be applicable to your situation. Talk with a lawyer licensed in your state.

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