More details to this question:
What details are needed to make a will legal? And what things make a will illegal?
11 ANSWERS
Edwin K. Niles
Gimme a break! Books have been written on this subject. Do you have a specific question?
Answered on Feb 10th, 2014 at 11:21 AM
A will must be dated and signed; that's it.
Answered on Feb 10th, 2014 at 10:47 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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In order for a Will to be valid and enforceable it must be signed by the testator of his or her own free will, the testator must be of sound mind (testamentary capacity) and the testator must sign the Will in the presence of two witnesses who attest to these facts and also sign the Will in the presence of each other and the testator. If a Will is challenged then these facts must be proved before a Will can be approved and a probate of the Will opened.
Answered on Feb 10th, 2014 at 10:37 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It depends upon the state. There are many things that are needed to make a will legal, and/or make a will "illegal". My answer would depend upon the facts of a particular matter. I suggest that you contact an attorney in your area for specifics.
Answered on Feb 07th, 2014 at 2:44 PM
A Will must satisfy statutory requirement in order to be admitted to probate. There are numerous issues that could render not admissible to probate. You can consult with your State's statutes or consult with an attorney specializing in Wills for further information.
Answered on Feb 07th, 2014 at 2:04 PM
The core things that make a will effective: recitation of capacity and freedom to dispose, recitation of location, revocation of previous wills, recitation of heirs, disposition, signature (with date) and witnesses (who do not receive under the will). The things that would be problems for a will being effective would be a failure to properly address these formalities. I would strongly advise anybody to use a will program (if estate is very simple) or an attorney to prepare a will.
Answered on Feb 07th, 2014 at 5:05 AM
The laws about wills vary from state to state but generally a will must be created by an adult who is legally competent, signed in front of witnesses who also sign the document, and notarized. It cannot make any bequests that are illegal or discriminatory. It may specifically leave out a person who one would expect to receive a bequest, such as an adult child or a spouse. Some states allow the will to be written by hand and signed but some don't or have extra requirements. It can not be created under duress of any kind and it cannot be signed by or altered by another person.
Answered on Feb 07th, 2014 at 5:05 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you seek the services of a probate lawyer who can assist you in the preparation of will.
Answered on Feb 07th, 2014 at 5:04 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Each state has their own requirements for how to make a will as it relates to age, witnesses, me to capacity, etc. Any violation of those requirements would make it invalid or if someone coerced the person into making it.
Answered on Feb 07th, 2014 at 5:04 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your question is too general.
Answered on Feb 07th, 2014 at 5:04 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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A Will is never "illegal." A Will is presumed to be valid, unless and until it is ruled otherwise by a probate judge. There is relatively little that is necessary for a Will to be upheld by a court. It is also relatively difficult to overturn a Will. Your little question is a minefield, however, in that whole books have been written about contesting Wills. The general formalities of a Will are a written document signed and dated by the testator. Two witnesses are generally required, and a notary is a bonus, although not necessary. It is possible for a Will to be written out in the handwriting of the testator, dated and signed, without ANY witnesses. The court can admit any document it deems to have been intended to be the Will of a deceased person. Wills are generally challenged on the basis of lack of capacity, (the testator did not know what they were doing), or undue influence, (someone forced them to sign the Will against their will). These are difficult to prove.
Answered on Feb 07th, 2014 at 5:03 AM