A will can be an effective tool for relaying end-of-life instructions and decisions, making it a valuable component of an estate plan. This document can help the decedent express their wishes concerning their estate, such as asset distribution and other wishes. However, a will should be valid to have bearing after the decedent’s death. Some circumstances and details surrounding the will’s creation can impact its validity, forcing the court to conduct probate intestate.
The legal requirements for a valid will can vary based on state law. In Ohio, there are specific qualifications for the will and the decedent to establish its enforceability, including the following:
- Meet the age requirement, which is at least 18 years old
- Have a sound mind free from any undue influence during the will’s creation
- Must have the decedent’s signature
- Involve at least two witnesses with no interest based on what is in the will
- Other requirements associated with the will’s execution
These requisites can also vary based on the situation and the extent of the will, whether it involves complex assets or directions concerning surviving children who are minors. Additionally, a will may require regular updating throughout the decedent’s life, especially when significant events happen, such as a marriage, birth or purchases that can alter their estate’s value.
Drafting a comprehensive and valid will
Drafting a will can be a straightforward way to directly document or communicate the decedent’s instructions regarding their estate. Still, it may only be as effective if it is legally sound. Before creating a will, consider consulting an attorney specializing in these arrangements. Experienced legal guidance can help draft a comprehensive will that meets the legal requirements, which can help keep it enforceable over time.
