Making a Will Legal
- The client must be at least 18 years old and of sound mind.
- The will must be typewritten—either typed or printed out from a computer.
- The will must have at least one substantive provision.
- The client must appoint at least one executor.
- The client must date the will and sign it in front of two witnesses.
The most common substantive provision leaves some or all of the property to whomever the client wants. Witnesses need only be adults and of sound mind (witnesses cannot be people who are beneficiaries in the will).
Witnesses watch the client sign his/her will and then sign it themselves. They must be told that it is the client’s will they are signing, but they do not have to read it or be told what it contains. There is no requirement that a will be recorded or filed with any governmental agency; it does not have to be notarized. The client may want to use a notary when signing the will and having it witnessed. In most states, having the witnesses sign a brief statement called a self-proving affidavit, which is then notarized, can eliminate any need for a witness to testify at later probate proceedings.