Leaving behind a will can help you communicate your wishes and preferences effectively to your surviving family members. However, to properly draft this document, it must meet specific requirements to maintain its legal enforceability. The testator is also subject to meeting conditions based on state law.
Aside from being at least 18 years old, another vital element for your will to stay valid is that you should have sufficient mental capacity when you drafted it. Multiple factors can establish your mental capacity during the will’s creation, such as the following:
- You fully understand the purpose of the will, which is to help administer your estate after you pass it on.
- You are aware of what assets you own.
- You can identify your immediate family members and know who they are.
- You acknowledge what it means to draft and sign a will.
The document may be invalid if one or more of these conditions did not apply when drafting your will. Testators could sometimes be under duress or manipulated while writing it. These situations can make the document fraudulent, warranting legal action.
Additionally, other circumstances can impact your will’s legal soundness, making it vulnerable to contests or becoming irrelevant later when it was supposed to take effect.
Writing a will that stands the test of time
Despite seeming simple, writing a will could be more complex, depending on what you intend to include. Before drafting, you should consider seeking legal counsel, especially if you plan to have unusual statements in the document. Experienced guidance might not make it foolproof, but it could help preserve its validity to remain enforceable long after you pass on.
