The decision to create a will may occur because someone has a child or gets divorced. Frequently, changes to family circumstances or personal health may motivate someone to establish an estate plan.
A will can be the cornerstone of a bigger estate plan or the only legal instrument someone creates. Wills can easily address the basic needs of a testator. They allow someone to choose beneficiaries for their assets and to name a guardian for the care of their dependent family members. However, not all wills serve their purpose as intended. Some documents do not meet state standards and may be invalid in the eyes of the probate courts.
What are the basic requirements for a valid will in Wisconsin?
A competent adult testator
The first basic requirement for a valid will is someone with the legal ability to create a will. Testators usually need to be 18 years of age or emancipated minors. They also need to have testamentary capacity. That means that they understand their situation. They must know who is in their family, what impact their documents may have and what assets they own to draft a valid will in Wisconsin.
A written document
There are many ways that people could communicate their wishes to others. Audio recordings and video footage can provide a personal touch for someone wanting to explain their wishes to family members and beneficiaries. While video and audio recordings are excellent supplementary materials, they cannot serve as testamentary instruments on their own. Wisconsin generally requires that all wills be in writing. Printed or hand-written documents meet this standard.
Appropriate signatures
A will typically isn’t valid until the testator signs it. In cases where they are physically incapable of signing the documents, another person can sign it on their behalf at their explicit instruction to do so. The will also requires the signatures of two witnesses. Those witnesses either need to see someone sign the document or hear them attest to previously signing it. They can help affirm someone’s mental state if there is ever a question about the validity of the documents.
Taking time to learn about the requirements for estate planning instruments can help those concerned about protecting their loved ones and/or establishing a legacy. Those who learn about the requirements in Wisconsin may have an easier time meeting those standards.