When you create a will, it can protect your assets and property by ensuring they are distributed in accordance with your preferences after your death. However, wills must follow certain legal and procedural requirements to be valid and enforceable.
Work with a knowledgeable wills attorney to ensure you meet the requirements of a valid will in Tustin. Our legal professionals can recommend a plan for distributing your assets and draft a will to memorialize your intentions. Unfortunately, too many people find their loved one’s will is invalid because it does not follow the criteria. By consulting a lawyer, you can ensure your will is valid.
Requirements of a Valid Will
A last will and testament is an important tool to ensure someone’s assets are distributed according to their wishes. Every state has its own rules and regulations for creating a valid will. A last will and testament is valid when:
- The testator, the person who created the will is at least eighteen years old and of sound mind, meaning they understood the nature of what they were doing by creating a will
- The will is in writing
- The will was signed by two witnesses who were present at the time the will is signed by the testator and understood the document they witnessed is someone’s will.
- The testator executed the will freely and voluntarily. Wills can be declared invalid when executed under fraud, duress, or undue influence
An attorney in Tustin could ensure a will is valid and meets all legal requirements as described in the list.
Creating a Valid Holographic Will
Another way to ensure a will is valid and meets the legal requirements in Tustin is by anticipating authenticity issues that may arise. For example, a holographic will is a handwritten document signed by the testator. It may be valid in certain circumstances and is only utilized when the person is nearing the end of their life and does not have the time to draft a formal will.
Holographic wills are valid when the following requirements are followed per California Probate Code § 6111(a):
- The testator is of age and sound mind, meaning they are aware they are creating a valid last will and testament. It should be clear in the document that the person executing it intends for it to serve as their formal, valid will
- The will must be written in the executor’s handwriting. It can be verified by someone who is familiar with their handwriting writing or, if necessary, a handwriting analysis expert
- A holographic will must be signed by the testator
- Although not legally required for a valid holographic will, it is helpful to have witnesses present when it is signed. It should also contain a date
Providing these elements can provide additional validity and help determine the most recent version when there are multiple versions.
Contact a Tustin Attorney for Help Meeting the Requirements of a Valid Will
The best way to guarantee that your will is properly executed and meets all the requirements of a valid will in Tustin is to hire a lawyer from Amity Law Firm to draft it. Hiring an attorney can actually save you time and money. Do not run the risk that your will is invalidated after your death. When someone dies without a will, their assets are distributed based on intestacy laws, which may not always align with your wishes.
By creating a valid and enforceable will, you can protect your assets and ensure that your loved ones are taken care of after you pass. Contact us today to discuss your plans for your will with one of our attorneys.
