Last Will and Testament Requirements
Legal requirements for the creation of your will
Any person over the legal age of 18 can draft her/his own will without the aid of an attorney. Additional requirements may vary, depending on the jurisdiction, but every will must contain the following:
* The testator must clearly identify herself/himself as the maker of the will, and that a will is being made; this is commonly called “publication” of the will, and is typically satisfied by the words “last will and testament” on the face of the document.
* The testator must declare that she/he revokes all previously-made wills and codicils. Otherwise, a subsequently-made will revokes earlier wills and codicils only to the extent that they are inconsistent. However, if a subsequent will is completely inconsistent with an earlier one, that earlier will be considered completely revoked by implication.
* The testator must demonstrate that she/he has the capacity to dispose of her/his property, and does so freely and willingly.
* The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries).
* The testator’s signature must be placed at the end of the will. If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator’s intentions.
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ABOUT THE AUTHOR:
John Harris, is a licensed Cemetery Broker in the State of California. He has personally served over fifteen thousand families in preparing for cemetery and funeral services. He can be reached through his website: http://www.cemeterybroker.com
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