The contents of a will determine an individual’s legacy. They also guide the support that surviving family members receive. A will may designate a guardian for minor children. It may name beneficiaries who should receive assets from the estate and a personal representative to administer it.
Wills are often subject to intense scrutiny during probate proceedings, especially if family members question the terms included in the document. Ensuring that the will meets all legal standards helps limit the likelihood of probate litigation.
What requirements does Pennsylvania impose on testators drafting wills?
1. Testamentary capacity
The person drafting the document must be of sound mind. Generally speaking, they need to be a legal adult. They also need to be aware of their circumstances and the impact that their will is likely to have on others. Most people retain their testamentary capacity throughout their lives, but cognitive decline, mental health issues or brain injuries could compromise a person’s testamentary capacity.
2. A written will
There are several ways that people might try to draft a will without paperwork. They might make an audio recording or create a video explaining their instructions. They might also try to draft an electronic document. Pennsylvania currently requires a physical will for a testamentary instrument to be valid.
3. Appropriate signatures
The testator usually needs to sign their will. If they are physically incapable of doing so, then an agent needs to sign on their behalf. They also need to arrange for two witnesses to sign the will.
Working with an estate planning attorney is one way to ensure that testamentary instruments meet all legal standards. A professional familiar with the law can help to ensure that a will contains the right language and meets all required legal standards.