Wills are the foundation of a comprehensive estate plan. Some estates rely solely on a will, while others use a last will and testament to help facilitate other aspects of an estate. A dedicated trusts and estates attorney could advise you on the requirements for creating a valid will.
A valid will must adhere to legal requirements, and complex wills might prevent your final wishes from being carried out. Luckily, an Irvine wills lawyer could help you create a plan for your future that benefits your family and clearly outlines your wishes.
What are the Requirements for a Last Will and Testament?
Several factors make a will valid, and respecting these requirements is a crucial part of estate planning. First and foremost, a person must be at least 18 years old to draft a legal will. Additionally, an adult must be capable of making decisions without another person’s help, understand what purpose a will serves, and be able to account for their property.
A will is only valid if executed voluntarily. For example, a person must not be under the influence of another individual when drafting a will. Similarly, if a person developed a fraudulent testament, the document is not valid under the law. To ensure that a will follows all necessary requirements under the law, get in touch with a seasoned Irvine attorney.
Are Witnesses and Notarization Necessary When Creating a Will in Irvine?
The final requirements for a last will and testament relate to witnessing. It is not enough to draft an estate document that complies with all aspects of state law. Two independent witnesses must also sign a will for it to be valid. An example of an independent witness is anyone who will not benefit from the document they agree to sign.
Some states also require a will to be notarized. However, it is not a requirement in Irvine. An experienced local attorney could ensure that a person creates a valid will by executing documents properly.
What is a Holographic Will?
A holographic will is an estate document drafted by hand. While this option is not valid in many jurisdictions, it is possible to create a holographic will in Irvine.
However, holographic wills are only valid under specific circumstances. For example, a holographic document must be written and signed in the creator’s handwriting.
Like standard wills, the creator of a holographic testament must be mentally capable, meaning they are free from coercion when they author the document. If a person follows these requirements, they do not need a witness when singing a will. A seasoned attorney in Irvine could further explain holographic wills and help someone decide whether this is the best option for them.
Call an Irvine Wills Attorney Today
A last will and testament is an essential part of any estate plan. These documents could provide security for your loved ones and ensure that your final wishes are honored after your passing.
Let an Irvine wills lawyer help you develop a plan for the future of your assets. Call today to learn more.