Law & Legal & Attorney Government & administrative Law

Instructions for Written Wills

    • 1). The testator (the person making the will) must sign the will in the presence of two witnesses. The two witnesses then sign a statement of attestation declaring that the testator in fact signed the will. The two witnesses can be anyone, even someone who stands to inherit under the will. Nevertheless, it is a good idea to choose disinterested witnesses in order to limit the possibility that your will is challenged.

    • 2). Sign your will. The will must be signed by the testator, and the signature must appear at the end of the will. The testator's signature can be any mark that the testator intends to operate as their signature. If the testator is unable to make his mark, he may direct another individual, in the presence of the witnesses, to make a signature on his behalf.

    • 3). Sign in front of witnesses. The witnesses must attest that the testator signed the will in their presence. The witnesses must either see the testator sign, or the testator must communicate to the witnesses that the mark on the will is in fact the testator's signature.

    • 4). Publish the will. This means that the testator must tell the witnesses that the document she signed is her will. This requirement ensures that the witnesses know that they are witnessing the execution of a will and not some other legal document. It also ensures that the testator knows that she is signing a will and not another legal document.

    • 5). Write the will by hand. A will that is written in the testator's own hand does not need to have witnesses. Although handwritten, or holographic, wills are valid, they are often challenged in court and therefore are not the best option for the testator.

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