While most state laws don’t have a specific form of Last Will & Testament, all of them have laws which set out the minimum elements required for a Last Will and Testament to be deemed a valid Will (or a legal Will).
In order to make a valid a Last Will & Testament, the flowing elements must be complied with:
- It must be made by someone who has reached the age of majority in his or her state;
- It must be made by someone voluntarily and without pressure from any other person;
- It must be made by someone who is of ‘sound and disposing mind’;
- It must be in writing (normally);
- The Will must be signed by the testator in the presence of two witnesses or, in the case of Wills executed in the state of Vermont, three witnesses;
- The Last Will & Testament must also be signed by all the witnesses in the presence of the testator (after he or she has signed it) and in the presence of each other. A beneficiary under the Last Will and Testament or the spouse of such a beneficiary should not act as a witness to the signing of the Last Will and Testament. If such a beneficiary or the spouse of such a beneficiary act as a witness, the gift to the beneficiary under the Last Will and Testament shall be deemed to be invalid, although the Last Will and Testament itself will remain valid; and
- The Last Will must include an attestation clause.
In the state of Louisiana, a notary must notarize the Last Will & Testament.
A Last Will and Testament is a fundamental part of estate planning and features in the vast majority of estate plans.
Read More Last Will and Testament Articles
Read More Estate Planning Articles
Make Your Own Last Will & Testament
"Make Your Own Last Will & Testament" will guide you through the process of making a valid Last Will and Testament. It contains all the forms that you will need to make a valid legal Will simply and easily.
New Updated Edition Published December 2010 today!!
Amazon Price: $24..95