Writing a will can be complicated if the testator is unaware of the formalities and the legality surrounding the process. Many tend to overlook the importance of following the requirements needed to make a will and for that purpose, it is important for future testators to know as much as they can about wills and what they can do to make sure that their will is legally valid.
A lot of people are unaware of what to do when it comes to writing a will. Testators should know that wills can be holographic, meaning that they can be written in any way, whether it be handwritten, or through a computer or even typewritten. The law makes no distinction. Nowadays, wills can even be done online were companies provide templates and instructions for testators to make their wills via the Internet.
Testators overlook the importance of following their state’s laws and regulations surrounding the writing of wills and they should look into them before making one. Wills must also include witnesses (in New York, the requirement is two), the will must be done voluntarily, the testator must have the mental capacity to write one, and he or she must be at least 18 years old.
When to see an attorney:
It is not a requirement to do so but it is recommended that testators see an attorney, just in case they are having trouble understanding all the formalities that come into play when writing a will. An attorney will likely guide the testator in the process and make sure that the will falls within the legal framework for it to be fully valid.