Establishing a will is an important estate planning step for most adults in California. A will allows an individual to provide for their dependents, choose their personal representative and create a legacy that reflects their personal values.
Not all wills are valid and enforceable legal documents. People can make mistakes that compromise their wills. The three requirements below are of the utmost importance for establishing a valid will in California.
1. A competent adult testator
Generally speaking, people need to be of sound mind and at least 18 years old to establish a will. They need to understand the implications of creating a will, what assets they possess and who they intend to name as beneficiaries. In some cases, emancipated minors can create wills because they have the same legal authority as an adult.
2. The signature of the testator
The person planning their estate typically needs to sign the document. Occasionally, other people can sign on their behalf. An agent acting on behalf of an individual with medical challenges can sign a will in accordance with their instructions. A conservator empowered by the courts to manage their financial affairs could also potentially sign a will on their behalf after their incapacitation.
3. Non-beneficiary witnesses
At least two witness signatures are a crucial element of any valid will. The witnesses generally need to be competent adults. Additionally, they usually should not be beneficiaries who receive resources from the estate.
Working with the right professionals can help ensure that a will complies with California rules. People who want to leave a positive impact and protect others may need help drafting appropriate documents.
