REQUIREMENTS FOR MAKING A VALID LEGAL WILL

Capacity to make a US Will.

In order for a Will to be valid, it must be made by a person who has attained the age of majority in his or her State and is of sound mind.

Requirements for signatures.

For a Will to be upheld as valid it must be in writing, and signed in accordance with the following requirements in relation to the signature.

1. You must write your initials, in the presence of two witnesses (in Vermont, you must have three witnesses), at the bottom right hand corner of each page, except the last page.

2. Each of the two witnesses must then initial each page next to where you placed your initials.

3. You must then insert the date on which you signed the Will in the space provided on the final page. (e.g. 1st day of January 2005).

4. You must write your initials beside where you inserted the date. The two witnesses must then place their initials beside where you placed your initials.

5. You must then sign your ordinary signature, using a pen, in the space provided above the word Testator or Testatrix on the final page.

6. The witnesses must then, in your presence, write his/her name, address and occupation in the space provided at the end of the Will and then sign with their normal signature.

7. The witnesses should be at least 18 years of age or older.

8. A witness should not be your spouse or a beneficiary under your Will as this could serve to nullify any gift made to them under the Will.

9. Remember to keep your Will in a safe place.

10. In many States, you will need your witnesses to sign a document called a Self Proving Affidavit. This is an Affidavit sworn by the Witness and serves to eliminate the need for witnesses to later testify in Court that they witnessed the signing of your Will. This Affidavit must be sworn before a Notary Public or a Commissioner/Officer of Oaths in your State. The signing of the Affidavit eliminates future need to have persons attend in court as mentioned above.

11. If you have any queries in relation to the signing of your Will please feel free to contact us using the links provided.

Revocation of US Wills.

A testator may revoke a Will in several ways.

(1) A Will may be revoked by a later Will or codicil.

(2) A Will may be revoked by destroying it or by the testator directing another to destroy it in his presence. The writing of the word "revoked" on the Will is insufficient to legally revoke the Will.

(3)Will made in most Provinces will be revoked by marriage unless it is made in contemplation of marriage.

(4)Generally, a Court Ordered separation or divorce may serve to invalidate dispositions in favor of one's spouse unless a contrary intention appears in the Will.

Gifts to witnesses.

In general any gift made to those who witness a Will is void. Should you wish to give a gift to a witness you should make provision for this gift in a codicil signed by witnesses other than those you wish to benefit.

If the executors or trustees of the Will witness the Will, they will not be entitled to charge professional or executor fees for acting in such a capacity.

US Wills: USD $47.95