Assisting Clients In Achieving Success By Providing High-Quality Services

  1. Home
  2.  » 
  3. Firm News
  4.  » Do this, not that: tips to ensure your will is valid

Do this, not that: tips to ensure your will is valid

Creating and signing a will is one of the most essential actions every adult must complete. Every state has laws and requirements regarding how a person must act and what they must do when they draft their will, so it is valid.

Checking that your will is valid ensures that your executor knows and grants your last wishes.

Follow the law

One of the most important things you must know is that your will must follow Arizona law.

It is essential to mention that if your will is invalid, the probate court might have to determine who your assets go to, which may or may not reflect your wishes.

Because you will have passed away by then, ensuring the validity of your will now is vital, and you should not ignore this essential step.

Arizona is specific about legal requirements for a will to be valid. These include:

  • Having a will in writing
  • Signing it properly
  • Having witnesses
  • Being mentally capable

The state requires you to write your wishes on paper because it does not recognize spoken wills.

In addition, you must sign your will in front of your witnesses, who must be present, and sign the document.

Finally, you must be mentally capable, which means you must be conscious of what you wrote and are signing.

Having an attorney help you draft the will and be present at the signing can help enormously to ensure it is valid in the end.

Avoiding ambiguity or doubt

To avoid doubt and ensure that your will is legally valid, initial or sign every page of the document and sign the last page with your legal signature.

Every witness must do the same. They must be present together and sign or initial every page, including their full legal signature on the last page.

Voluntary nature

To avoid a claim that someone forced you to write the will in the way you did, ensure there is no evidence that someone influenced you.

Decide what you want to do with your property, make sure you do not leave out any assets and remember that you can keep your will private now.

You do not have to communicate your wishes to anyone unless you want to while living.

Final thoughts

Making a will can be smooth if you know what to do and understand the importance of following the law.

Involving an attorney with experience in drafting wills can be helpful to ensure not only a smooth process but also a legally valid will.

They can also advise you if you have questions about drafting and executing a will.


RSS Feed

FindLaw Network