Wills are important documents. Many people never bother to draft a will, leaving their loved ones at the mercy of state statutes. Some people attempt to establish wills but cut corners. They download documents from the internet and try to manage the process on their own.
They may move through life incorrectly assuming that they have established valid testamentary instruments. However, the wills that they drafted may not actually serve their intended purpose. Documents that do not meet the standards included in Pennsylvania state statutes are subject to challenges brought by other people in probate court. Other times, the courts may set them aside because they clearly don’t conform to legal standards.
There are certain basic requirements that a will must meet to be an effective testamentary instrument. What are the requirements for a will in Pennsylvania?
A written document
There have never been more potential alternative options for estate planning. There are audio and video recording devices that allow people to explain their testamentary wishes directly. Many people have also begun conducting many of their major transactions digitally. Testators might expect to establish electronic or digital wills. However, the law in Pennsylvania has not yet adjusted to accommodate these new forms of technology. Currently only written wills are legally valid.
A competent adult testator
The authority to draft a will comes from testamentary capacity. People have to understand their circumstances and the impact of the documents that they draft to establish a valid estate plan. There is a presumption that individuals have testamentary capacity that others must overcome if they intend to challenge a will. Usually, people need to be at least 18 to have the legal authority to draft a will, although there are exceptions for emancipated minors. Additionally, the testator needs to understand who their beneficiaries are, what property they own and what impact their documents may have on others.
Witness signatures
To validate the authenticity of the document and the state of mind of the testator, witness signatures are necessary. Typically, a will requires the signatures of two adults who are also competent. Typically, neither the spouse of the testator nor any of their beneficiaries named in the will should act as witnesses. Choosing uninterested parties as witnesses is usually the best option.
People often need help understanding the law and ensuring that their estate planning documents meet all necessary legal requirements, and that’s okay. Having support while drafting a will or updating an older document can make a major difference for a testator and the beneficiaries they name in their will.
