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What Makes My Free Will Legal?

There are several basic requirements for a valid legal will.

First, you must have the mental capacity to make a will. A person has the mental capacity to make a will if they are 18 years old, understand they are creating a will, understand what property they own, and understand who is receiving property under their will.

Second, you must intend to dispose of your real, personal, or intangible property at death through this document. This is accomplished by stating that the document you are creating is your will.

Third, you must sign and date your will.

Fourth, your will must be signed by witnesses. This requires two witnesses. However, most states require that the witnesses not be a beneficiary in your will or be related to you.

Fifth, your will must dispose of your property, appoint a guardian for your minor children, revise your will, or revoke a previous will.

Finally, your will must appoint a Personal Representative, legally known as an executor. An executor is the person you nominate to supervise the distribution of your estate during the probate process.

At our online free will forms take you through these requirements.