Requirements for a Valid Will

A Will is the legal instrument a person (testator) creates in order to make decisions on how his or her estate (which may include both personal and real property) will be managed and distributed after his or her death.  Even if you believe that you don’t possess enough assets to make a Will, a Will serves many important functions including: letting you select your heirs (as opposed to the state choosing them for you); deciding which person in your life would be best to order your affairs ie. serve as your executor upon your death; and most importantly, creating a Will is especially important if you have children as it is in your Will that you designate guardians for your children and provide any guidance to your guardians for taking care of children.

A Will does not necessarily need to be drafted by a lawyer and may be perfectly valid and probated if all the below requirements are present. However, it is advisable to seek legal counsel to ensure you have met all the legal requirements and have created the most comprehensive estate plan possible.

For a Will to be valid:

1. A Will must be in writing (does not have to be typed) RCW 11.12.020

2. A Will must be signed by the testator.  To ensure the entire Will is probated, it is advisable for the testator to initial the bottom of each page of the Will RCW 11.12.020. If the testator cannot sign the Will, a person may sign on the Testators behalf, but only at the discretion of the testator and in the testators presence. (RCW 11.12.030)

3. A Will must be attested (signed) by two or more competent witnesses who actually saw the Testator sign the Will.  To ensure there is not any controversy upon probate, it is best to have two witnesses sign the Will that are NOT beneficiaries under the Will. RCW 11.12.020

4. Witnesses must sign the Will in the presence of the testator. RCW 11.12.020 To ensure no problems arise during probate the testator should sit at the same table, stand next to or at least be in the same room when the witnesses sign the will.

5. The Testator must have the present intent to make a Will. This simply means that the testator is intending to make their Will at the time and not, for example, intending to simply draft a pretend Will to use as an example for some other purpose.

6. Testator must be at least 18 years of age. RCW 11.12.010 Wills written by individuals under the age of 18 are not valid.

7. The testator must be of sound mind and competent to make a Will. RCW 11.12.010 A lot of litigation about Wills involve issues of capacity.  However being elderly, for example, does not make you incompetent, if one suffers from dementia however, capacity issues may be raised.

If you do not have a Will and are interested in having your Will drafted or have any questions about creating your Will or estate plan contact one of our attorneys at www.olealawyers.com