What's a 'Legal' Will?

A "valid" or "legal" Will is one that will be accepted by a court as authentic and can be put into effect by a grant of probate.

To make a valid Will, you must be over the age of 18 and be of "testamentary capacity". That means, you must know what a Will is; realise what you are giving away; are doing so without being unduly influenced by others; and be aware that law expects you to make adequate provision for your spouse and children, including ex-nuptial children.

If you believe that your testamentary capacity might be called into question, you should either obtain evidence of your capacity in the form of a medical certificate from your doctor or health care professional, or ask your doctor to act as a witness to your Will. In addition a valid Will must be:

In Writing

Either handwritten, typed or printed. You can not make a valid Will by videoing or tape recording your wishes.

Signed

You should sign at the end of the Will and at the foot of each page and initial any alterations that you make.

Dated

Your Will must contain the date on which it has been written.

Witnessed

You need at least two adult persons (three adult persons in the State of Vermont) to witness your signing of the Will. Two of these witnesses (three in the State of Vermont) need to be present at the same time when you sign the Will, or you must acknowledge their presence both at the same time that you have signed your Will. The witnesses must sign your Will in your presence.

All witnesses to a Will must be "competent". To ensure that the witness is competent you must make sure that none of the witnesses are beneficiaries or the spouses of beneficiaries of the Will. To ensure that your Will is not open to contest and is deemed by the courts as valid or legal, it is best you comply with the above formalities.