How can an unsigned last will be validated?

Question

My husband and I have wills that were done in 1998. Mine is signed, however his is not. Could he get it signed/witnessed now or does he need a new will?

Jayne Sebby · Answer

Depending upon the state you are in and assuming that he doesn't want any changes made, your husband should be able to sign the document now.

Charles Perry · Answer

If the will still expresses your husband's wishes and is correct in every way (for instance, any addresses in the will are still correct), then he can execute the will and have it witnessed, as though it were recently drafted.  I would not backdate the will to the time it was drafted, however.  If there are any changes to be made, then your husband should have a new will drafted and tear up the old one.  I also recommend that parties review their wills and other estate planning documents every 2-3 years, to ensure that the documents still reflect what they want to have happen with their estate.  This seems like a good time to do that.

S Hunter · Answer

The will should be reviewed by an attorney and see if it needs to be udpated or not. Otherwise it could be signed. However, the rule of thumb is that wills should be reviewed every three years to see if any changes need to be made.

Jeffrey Gottlieb · Answer

An unsigned Will won't be admitted. You could have the same document fully executed now, although given that it was 14 years ago situations might have changed and it should probably reviewed.

Gerald Bagazinski · Answer

HE could get it signed and witnessed. I would point out the effective date of the Michigan Estate and Protected Individuals Code is April 1, 2000. Which means that your will was prepared under the Revised Probate Code. I would recommend that an attorney review these documents for any changes in the law.

Michael Stafford · Answer

He can sign it and have it witnessed now. He does not have to have it redone

Victor Waid · Answer

As to your husband's not signed will, if his present desires are the same as the provisions set forth in the original document, then all he needs to do is have two witnesses present when he signs the will, declaring that this is is last will and testament, and have the witnesses sign the will, providing their addresses and date the same as the date your husband signs. Those witnesses should not be any beneficiary listed to receive in the will.  Just some additional advice: The both of you, if you have any property of any kind, should consider a marital trust and save your estate and heirs a lot of money, without having to go through probate, and subjecting your personal business to public view, rather doing wills.

Kenneth Gold · Answer

Sure he could get it signed and witnessed now.  But since it has been so long it should first be reviewed for any changes in his circumstances and also changes in the law and be appropriately updated.

Kelly Bagla · Answer

There have been many updates to wills since 1998.  I would recommend that your Husband have his will redrafted and signed in front of an attorney.

Melissa Kay-Peterson Roudabush · Answer

He can sign it however it is a good idea to have it looked over first.

Benjamin Gordon · Answer

So long as he is still alive/competent, he can sign the will before witnesses now, and it will be perfectly valid.

Frances Headley · Answer

By reaffirming all of its provisions and signing it before witnesses the will can be made valid.  You should consult an estate planning attorney.

James Oberholtzer · Answer

He can sign it at any time and it is valid.  You have to follow the particular rules for signing Wills (witnesses, etc.).  It might not be a good idea to use such an old Will, if there have been any changes in your family, assets, etc.

Edward Armstrong · Answer

He does not need a new will.  He will need two witnesses who are at least 18, not related or mentioned in the will.  He and the witnesses should sign and date the will in front of a notary.

Brian Haggerty · Answer

If the Will says the right things, it could be executed now.

Monica H. Donaldson Stewart · Answer

An unsigned will is not valid. If the will written in 1998 is still "accurate" in terms of the contents, then it can be signed now in front of the proper witnesses/notary and it would be valid (so long as it accurately reflects the date it is being executed); however, if any changes have occurred in the past fourteen years, it would be a good idea to have the will redrafted and then executed.

Douglas Tull · Answer

Much has changed in the law since 1998, but a valid will, properly executed (with witnesses now), even though prepared 14 years ago, would still be valid.  It would be a good idea to have it reviewed by an attorney to make sure (1) that it is properly prepared under Michigan law and (2) that is still does what your husband wants it to do.

Eric Smith · Answer

If your husband still has capacity, there is nothing to prevent him from executing a will drafted almost 15 years ago. Of course, if there have been significant changes in your life and family since that time, you might also consider revising it. Still, a signed will is better than unsigned, if it reflects your desires.

Roman Aminov · Answer

There should not be an issue with a will prepared that far in advance except for a few concerns: Your situation may have changed in the past 14 years. The tax laws have certainly changed. You would need to make sure the will is properly executed, witnessed, and witness affidavits are provided.

Thomas Edward Gates · Answer

He can sign it now and have it witnessed.  There is a date that is added when signing, so unless there are changes that need to be made to the will, everything should be fine.

Edwin Fee · Answer

Your husband can sign the existing will and have two witnesses sign it.  Keep in mind that estate tax laws have changed dramatically since 1998, and your financial and family situation may have changed since then as well.  So you and your husband should consider whether the old wills are still appropriate for the current situation.

Dera Johnsen-Tracy · Answer

Pursuant to Wisconsin Statute 853.03, in order to be validly executed, a will generally must be signed by the testator (i.e., the person executing the will) in the conscious presence of at least two disinterested witnesses who must also sign.  However, in addition, it is also advisable to obtain a self-proving affidavit to reduce unnecessary complications at the time of death.  I would strongly encourage you to consult with a qualified estate planning attorney before executing a will that was drafted in 1998, or before executing any "do-it-yourself" will, to ensure all legal requirements are met and to ensure your wishes will ultimately be carried out as intended.

Richard Keyes · Answer

Your husband could get his will signed now, even though it was done in 1998.  Be sure to change the dates so it shows that it was executed in 2012.  Also be sure that your husband's signature and the witnesses signatures are notarized so that the will is deemed to be self proving and the witnesses would not need to come to court to testify as to your husband's signature.  Here is the language for the notary public if it is not on the will:  THE STATE OF ......................  COUNTY OF .........................  I, the undersigned, an officer authorized to administer oaths, certify that ..............., the testator, and the witnesses, whose names are signed to the attached or foregoing instrument, having appeared together before me and having been first duly sworn, each then declared to me that the testator signed and executed the instrument as his last will, and that he had willingly signed or willingly directed another to sign for him, and that he executed it as his free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his knowledge the testator was at that time eighteen or more years of age, of sound mind, and under no constraint or undue influence.  In witness whereof I have hereunto subscribed my name and affixed my official seal this ............... day of ..........., 20.. . (Signed) ..................................................... .......................... (SEAL) ....................................................... ........................  (Official capacity of officer)

Ronald Anderson · Answer

The Will could be signed now in front of two disinterested witnesses and a notary public.  However I would recommend that you confer with an attorney to see if it needs to be updated due to changes in the family and the law since it was written.

Richard Kaplan · Answer

It is possible for him to sign and date it today as part of a proper execution of a Will, however, that could be problematic.  Wills should be reviewed every 2 to 5 years, or upon a change of circumstances (i.e., birth, death, marriage, divorce, changes of tax laws, making money, losing money, etc).  Therefore, it is time that both of you have your estate plan reviewed by an attorney, and possibly update both of them to reflect today's circumstances.

David Leon · Answer

If the will was done correctly, you can have it signed and notarized now. Given that it's 14 years old, you might consider having new ones drawn up.

James Frederick · Answer

I would think that he can sign it at any time. If it is NOT signed, there is a small chance that a court would admit it anyway. Most likely, it would not. I would have him take care of this for your sake.

Jane Wilson · Answer

He can get it signed and witnessed at any time.

John Brennan · Answer

He can sign and have it witnessed, but both of you should review the provision to make sure they are still valid, 1998 was an long time ago. The "last" will is the one that counts, no matter how long ago it was signed.  A new will invalidates, and should specifically state, it invalidates the older ones.

Michael Doland · Answer

The safest procedure would be to re-sign with a current date and have two witnesses witness with a current date.

John Palley · Answer

Assuming it still meets his wishes it would be fine to sign and have two witnesses sign it as well at the same time.

Leonard A. Kaanta · Answer

He needs a new will.

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How can an unsigned last will be validated?

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