Estate planning is beneficial for the testator drafting documents. They can enjoy peace of mind and also protection from financial hardship in a personal emergency.
Estate plans also help those left behind when someone dies by clarifying their wishes. Wills are among the most important estate planning documents. Unfortunately, some people hoping to establish an estate plan make mistakes when drafting wills.
They may not meet the basic legal requirements for a valid will. What does Pennsylvania expect from those drafting wills?
1. Physical documents
A will needs to be in writing for it to be an enforceable testamentary instrument. Electronic documents or recordings cannot replace a written will. Testators need to ensure that they have a physical document that people can present to the probate courts.
2. Testamentary capacity
Usually, people need to be at least 18 years old to draft an enforceable will. They also need to be aware of their circumstances. Those with severe mental health issues and older adults dealing with cognitive decline may not have the legal capacity necessary to draft a will.
3. Witness signatures
To verify that the testator is who they claim to be and that they have the necessary capacity, witness signatures are necessary. Typically, two people need to sign the will in addition to the testator. Having uninterested individuals who do not hold positions of authority in the estate plan or inherit from the estate is usually the best option available.
Partnering with an estate planning attorney can help people ensure that their wills meet all necessary legal requirements. Those who draft enforceable documents can protect themselves and their loved ones.