You can make a will at age 14 in Georgia. [1] X Research source You can make a will at age 16 or 17 in Louisiana as long as your will in the prospect of your death. [2] X Research source You must be at least 19 in Nebraska. [3] X Research source Some states permit minors to execute valid wills if they are emancipated by court order, married, or serving the armed forces. [4] X Research source [5] X Research source [6] X Research source
For example, “I, John Doe, the testator, sign my name to this document, this 12th day of August, 2015. I declare that I sign and execute this instrument as my last will, that I sign it willingly, and that I execute it as my free and voluntary act. I declare that I am of the age of majority or otherwise legally empowered to make a will, and under no constraint or undue influence. Signature:_______________"[8] X Research source
For example, “We, the witnesses, sign our names to this document, and declare that the testator willingly signed and executed this document as the testator’s last will. In the presence of the testator, and in the presence of each other, we sign this will as witnesses to the testator’s signing. To the best of our knowledge, the testator is of the age of majority or otherwise legally empowered to make a will, is of sound mind, and is under no undue influence. We declare under penalty of perjury that the foregoing is true and correct, this 12th day of August, 2015, at Santa Ana, California. " First Witness Sign your name:, Date: _____________________ Print your name: Address:_________________________ City, State:_____________________[11] X Research source Second Witness (and third, if necessary)
Many states do not permit you to choose witnesses who will be beneficiaries, ones receiving something under your will. If one of your witnesses is one of your beneficiaries, a court may revoke any gifts made to that witness. To avoid this possibility, choose witnesses who are not family members or anyone named in your will. If you hired an attorney to prepare your will, members of the law office staff may be willing to act as witnesses for you. Some states recognize signed wills in the maker’s handwriting, called “holographic,” which are un-witnessed wills with the “material provisions” (who gets what). Even if your state permits holographic wills, a witnessed will is harder to challenge and breakdown in court.
If you create a holographic will (where all of the material provisions are in your own handwriting), you do not need witnesses. Even if your state recognizes holographic wills, consider executing a regularly witnessed will and keeping your holographic will as a backup. If you are ill or otherwise unable to sign the will yourself, some states allow someone else to sign your will for you. [14] X Research source You must direct this person to sign the will in your presence and in the presence of your witnesses. A small number of states recognize oral wills. Typically, oral statements of your last wishes are only enforceable, if the bequests are less than a certain amount, and you express your wishes on your deathbed in front of at least two witnesses. [15] X Research source Mississippi, for example, requires that any gift given under an oral will be worth no more than $100. [16] X Research source It can be helpful, though not necessary, to have the formalized will notarized, making it convenient when your will is to be admitted in court. [17] X Research source You would sign and have your witnesses sign in the presence of a notary. The notary verifies identities of the signers of the documents, and that it was signed in his or her presence. Bring a valid form of identification, such as a driver’s license or passport, to verify your identity, and have your witnesses do the same.
To find reduced-cost assistance, contact your local bar association and ask about pro bono or reduced-fee legal representation. Also meet with attorneys for a free consultation.
A will book or CD. These often have downloadable forms specific to each state, and they come with clear instructions. Will software. The software (which you download to your computer) typically includes an interview. The interview helps customize the will to your specific needs. A key benefit of will software is that you can revisit the will and make changes at no cost. [18] X Research source Online will programs. Like will software, you proceed through an interview, which helps tailor the will to your needs. [19] X Research source
