It's also common, but not required, for the will-maker to have signed or initialed each page of the document.
If the will-maker wasn't physically able to sign the document, it is permissible for the will-maker to have directed someone else to sign it, in front of witnesses. The person who made it must have signed and dated it.Ī will must be signed and dated by the person who made it. It may be impossible to tell who made the changes or when they were made, and a court is not likely to enforce them. (Older ones might have been typed on a typewriter.) It's possible, however, to have a valid will that is entirely handwritten.Ĭonfusion can come when there is a mixture of handwriting and pre-printed language-as can happen if someone uses a fill-in-the-blanks form or crosses out language on a computer-printed will. Generally, of course, wills are composed on a computer and printed out. Requirements for a Will to Be ValidĪ will must satisfy three basic requirements to be a legally binding document.
For more on those issues, see How a Will Can Be Contested (Challenged). Wills can also be challenged in court if there are questions about whether or not the will-maker had the mental capacity to make a valid will or whether someone exerted undue influence on the will-maker. The following requirements have to do with how the will was executed-that is, how it was signed and witnessed. But you can make your own preliminary determination about the document-and then either relax because there don't appear to be any problems, or get ready for a possible challenge to the will.
The final decision on validity will be made by the court. But once you've found a document, how do you know whether or not it's valid and will be accepted by the probate court? One of the executor's first jobs is to find the will, if any, left by the deceased person.
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