A Will is a document which directs how you wish your property be disposed of upon your death. This document remains valid unless, and until it is revoked by you. A will can range from a simple one, where you bequeath your property to your spouse or other loved ones, to complex ones, where you may place your property in trust for the benefit of your heirs.
The requirements for wills:
The maker must be at least 18 years old. If younger than 18, the maker must be married, or be in the military, or be an “emancipated” minor.
The maker must be of “sound mind.” The requirements for this are that the maker:
- Knows that he/she is making a will, and what a will is.
- Understands the relationship between him/herself and those persons he/she would normally provide for, such as spouse or children.
- Knows what he/she owns.
- Must be able to decide how she/he will distribute property.
W ills may be declared invalid if the court determines that it was procured by fraud or undue influence. For this reason, it is advisable to consult with an attorney prior to preparing wills.