Will Execution Requirements

Question 1

Generally, what is required to execute a valid will?

Answer 1

A will is valid if the specific formalities provided by the state law are met. Generally, these formalities require a valid will to be:

1. In writing;
2. Signed by the testator; and
3. Signed by at least two witnesses

Question 2

If the testator is incapable of signing, what is a valid substitute?

Answer 2

If the testator is incapable of signing his will, then he must have another sign his name in his presence and by his direction. Any mark intended to validate the will constitutes a valid signature.

Question 3

What are the rules pertaining to witness signatures?

Answer 3

1. The witnesses must sign the will in the testator’s presence within a reasonable amount of time after witnessing the signing of the will.
2. Under the majority view, a witness signs the will in the testator’s presence if she signs within the testator’s line of sight.

Under the minority view: a witness signs the will in the testator’s presence if she signs the will within the testator’s presence if she signs within the testator’s range of senses. (may be another room down the hall if it can be heard)