If you are starting to plan your estate, you will probably think about making a will first. Wills are a great way to put your final wishes in writing and to make them legally enforceable; however, there are certain elements that need to be present in order for a will to be valid.
It is very important to know what elements must be present in a valid will, since many wills are successfully contested when they are not properly composed in a legally enforceable way.
The maker of the will
Anyone who decides to make a will must first be at least 18 years of age. The only exceptions to this rule are is if the person making the will is in the military or if he or she is legally married. The maker of the will must also be mentally competent and of a sound mind.
The intention to make a will
All people who make a will must do so voluntarily, without any pressure or manipulation from outside forces. If it can be proven that the maker of the will was influenced or coerced into making the will, then the will shall become legally invalid.
The signing of the will
Finally, all wills must be properly signed and witnessed by two people. These two people must not hold any interest in the outcome of the will. The maker of the will and the two witnesses must sign and date the will in front of a testator.
If you are in the process of creating a will in Arizona, it is important that you make sure to follow the correct process so that you will create a valid will.
