A Will is an important estate planning document that provides instructions on how to distribute your assets after death. While writing and compiling this document helps outline your estate plans, it will not be legally binding unless it is signed -- and signed correctly.
Below are three simple steps to keep in mind during the final signing of your Will.
1. The Will Must Be in Writing. The individual writing the Will, known as the testator, can only create a valid Will if they are over 18 and are of “sound mind.” The Will must in writing – either typed or entirely handwritten. Handwritten Wills, known as "holographic Wills," are not recommended, however. This is largely because holographic Wills are difficult to amend and can pose many problems when reaching probate court. Often these issues concern the authenticity of the Will – an accusation that can spark a Will contest or a lengthy probate process.
2. The Testator Must Sign. Next, in the presence of two competent and disinterested witnesses, the testator must sign the Will. The testator must also note the date of these signings and include it with their final signature.
3. The Signatures of Two Witnesses. Because a Will is a legal document, it must go through a validation process. At the very least this process involves two witnesses, but it can also include notarization from a notary public. In the case of witness signing, Washington has three requirements: these witnesses must be at least 18 years of age, of sound mind, and must affirmatively witness the signing of the Will.
These witness signatures validate the will – proving the document was indeed signed by the testator. Therefore, the witness signatures appear as the final signatures on the document. Like the testator, witnesses must also include their date of signing on the document to preserve the information for posterity.
Other Considerations. When making a Will, it is a good idea to keep the document up-to-date. It is highly recommended that you use the services of a lawyer to help with this process. By working with a lawyer, you reduce the likelihood of any improper organization, missing assets, or missed steps, in your Will. Having your estate documents compiled correctly will then reduce the likelihood for a messy probate process at a later point in time.
Having an experienced lawyer draft your Will saves time and effort for you and your loved ones. With nearly three decades of experience, we can organize your assets to ensure your affairs are in order, giving you peace of mind.
Call 253.858.5434 or email us at steve@aitalaw.com to schedule an appointment and get the estate planning help that is right for you.