How do I know if my last will and testament will be enforceable? Are there any strict guidelines that must be followed?

Question:  How do I know if my last will and testament will be enforceable?  Are there any strict guidelines that must be followed?

Response:  Generally, in order for a last will and testament to be enforceable it must comply with the probate laws of the state in which the maker lives.  For the most part, a will and testament created by someone of legal age (i.e. over 18 years of age), that is typed and signed by witnesses who are not named beneficiaries in the will be enforceable once the maker dies.  There are some states that allow hand-written or “holographic” wills, and other states that require a will to be typed. 

If you are unsure about the laws of your state, it is best to have your will and testament typed to ensure that it will be valid and enforceable.  To be enforceable, a last will and testament must be signed by the maker and the witnesses, and the maker and witnesses must sign the will in the presence of one another.  The number of witnesses required varies state to state; some states require two while others require three.  States also have specific rules regarding the signature of the maker – some states require one signature at the end of the document, while others require the maker to sign every page of the will and testament.  In order to make sure that a last will and testament will be enforceable, it is important to know the specific requirements if the state where the maker resides.

Answered by D. Nicole Rosen

Additional Resources:

• Trust and Estate Law
• Uniform Probate Laws & State Codes

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