Requirements for a valid will vary from
state to state. In California, the minimum age for a person to be able to
legally prepare a will is 18 years old. More than that, the person must be of
sound mind. This means that the person
preparing the will is not mentally incapacitated. Thus, he or she fully understands the
document he is drafting and will eventually sign.
California estate planning laws
stipulate that a testator can prepare a will in three ways. First, a will can
be done in one’s own handwriting. This is known as a holographic will. This is legally
acceptable in California as long as all of the material provisions of the will
are handwritten by the testator. The will must be dated and signed by the
testator. It is not necessary for a handwritten will to be notarized or
witnessed. However, it would still be good
to have two witnesses sign the will.
For those who want a more formal
will than a handwritten will, they have another option. California estate
planning statutes provide wills forms – which can be easily accomplished by
anyone. This type of will is especially recommended for people who only own a modest
estate. It gives the testator the flexibility to bequeath the estate to his or
her children or spouse, or others, or to a charity of his or her choice. There
are also provisions in the form will for the naming of a guardian or an
executor. You can easily obtain these
forms from the California State Bar.
The third option in preparing a
will is to obtain the assistance of a qualified estate planning lawyer. The lawyer will not only draft the will, but
also gives advice to the testator on how he or she can best leave the estate to
the heirs and, minimize the estate tax bite.
This type of will requires the signature of at least two witnesses, who
are not beneficiaries of the will.
All wills, however they were
prepared, must be signed by the testator.
Testators who are illiterate or are physically incapacitated may ask
another person to sign for him. The
signing of the will must be done in the presence of witnesses, and the
witnesses must sign in the presence of each other, and the testator.
Although you can prepare your own
will, it is highly recommended that you seek the help of a qualified estate
planning attorney. This is particularly
true when the estate is large and/or complex.
The goal of your estate planning will be to make sure that the heirs
will receive everything exactly as you wish and that the tax associated is the lowest
possible. Having a will professionally
prepared and executed can save everyone in the family a lot of headaches and
hassle, as well as helping you feel more secure with your assets and what
happens with them should something unexpected occur.
