What makes a Will valid?

The details vary by state, but generally Wills are valid if:

  • Writing: a Will generally must be in writing, though some states allow for this to be digital 
  • Execution: a Will generally must be
    • Signed by the Testator
    • Signed by two eligible Witnesses
  • Eligibility: a Will must also meet certain requirements
    • The Testator intended the document to be a Will
    • The Testator met all legal requirements (was of legal age and mental capacity)
    • There was no fraud, coercion, or duress 
  • Revocation: a Will must not have been revoked 
    • A Will may be revoked by physical act such as destroying it or even writing “revoked”
    • A Will may be revoked by operation of law in some cases
    • A Will may be revoked ba a subsequent writing, such as a more recent Will
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