Drafting a will can help you efficiently leave your wishes to your surviving family members after your death. It can also be a solid cornerstone for a comprehensive estate plan, addressing different issues you’d like to settle so your relatives no longer need to argue about what you would have wanted.
However, the content of your will can only be as valid as the document itself. This type of tool is only legally enforceable if it meets specific requirements set by law. These conditions could vary per state, but in Delaware, the following may apply:
- The testator drafted the will when they were at least 18 years old.
- The testator’s wishes are in writing.
- The document has the testator’s signature.
- At least two other people witnessed the will’s drafting, and their signatures were also on the document.
Aside from these technical requirements, there are other ways to preserve a will’s validity, such as notarizing it. Other rules can affect this document’s enforceability, including having a beneficiary as a witness. It is possible by law, but it can make the will questionable, especially if drafted under unsure circumstances. Without considering these factors, it can become easy to contest the will, potentially causing legal issues in the long run.
Knowing how to draft an effective will
With so many important matters to discuss in a will, it can be easy to get carried away and make mistakes without adequate guidance. Before trying to create this document, consider seeking legal counsel. Experienced insight might not eliminate the chances of disputes after you pass on, but it could help you draft a will effectively. Doing so can address all vital issues and topics while creating a document that can stand the test of time.
