Creating a Valid Will In Arlington
If you are considering creating a will in Arlington, it is important to make sure that it is valid. If it is invalid, it may create unnecessary delays and could prevent your wishes from being filed. A knowledgeable wills lawyer can help you make sure that your will follows all necessary laws. In addition, they can work with you to create a document that clearly outlines your wishes.
What Makes a Will Valid?
The last will and testament in Arlington is valid if it is attested to, includes the signature of the testator or if the testator had the requisite capacity to execute the document, and includes a self-proving affidavit. A self-proving affidavit reflects the testator’s name, that the testator had the capacity or the testator decides freely and voluntarily, and that that is the testator who signed with two witnesses before the notary.
Witnesses attest to the testamentary capacity of the testator and witness the signing of the document by the testator. An attorney can further explain the requirements for a will to be considered valid.
Understanding When a Memorandum of Wishes is Binding
In Arlington, incorporating a memorandum of wishes can be legally binding. Using the memorandum is often reserved for an individual who would like to specifically dispose of some of their assets of a personal nature but may change their mind after they create their last will and testament. It is used specifically for tangible personal items such as jewelry, artwork, sentimental family heirlooms, and collections.
It is important to note that it can be legally binding if the will refers to it in that way, but many times, wills will include that if a memorandum is left, it is a wish but not a legally binding requirement. An attorney can further explain the role of a memorandum of wishes.
Potential Problems to Avoid
When attorneys are examining a will, there are many provisions they will look at to determine its validity. They will consider whether it has the required witnesses, attestation, and a self-proving affidavit that is attached. In addition, an attorney will look through the substantive provisions to determine whether executors or personal representatives are properly named, whether beneficiaries are named for tangible personal property, and whether beneficiaries are named for the residue of the estate.
Often, they review provisions to determine the fiduciary responsibilities to make sure they are included in their entirety. Most importantly, they will look at the language to ensure there is no vagueness that could make it difficult to carry out the person’s wishes. Therefore, it is important to have an attorney thoroughly review the will to make sure there are no issues that could threaten its validity.
Get Help Creating a Valid Will in Arlington
There are several requirements that must be met for a will to be considered valid in Arlington. Therefore, it is important to work with an experienced professional when creating a will. This can help avoid unnecessary issues. To get started, call today for a consultation.