A will is a legal document that takes effect after someone dies. The testator who creates a will can leave instructions for the support of their family members. They can also provide inheritances to specific people allocating their assets to their chosen beneficiaries.
Wills give the testators who create them peace of mind as they navigate a chaotic world. They also provide security for spouses and children who depend on the testator for basic necessities. Wills are sometimes subject to challenges in probate court if there are questions about the validity or legality of the document.
Testators establishing wills need to ensure that their testamentary instruments comply with state law. What are the basic requirements for a valid will in California?
A competent adult testator
Most people only begin thinking about estate planning well into adulthood. Professional success, medical challenges or dependent family members might make them think about their vulnerability and their legacy.
That being said, people as young as 18 can potentially benefit from creating a will. Typically, only those who are legally adults can draft documents, but emancipated minors can potentially establish wills as well. They may have a good reason to do so, as their parents might otherwise inherit most or all of their property if they die without a will.
The person drafting the documents also needs to be competent. Certain medical issues, including severe mental health challenges, might diminish a testator’s capacity. Most adults have the necessary capacity to draft a will as long as they can understand their situation and the impact the documents may have.
Legally compliant documents
California has numerous other requirements for a will other than the age and competence of the testator. The will itself typically needs to be a written, physical document. Electronic wills, video footage and audio recordings typically cannot serve as testamentary instruments. The testator does not need to write the document by hand, but they do typically need to sign the will. Those in unusual medical circumstances can sometimes have another person sign on their behalf.
There typically need to be witnesses present at the time of the document signing or who here the testator affirm that they signed the documents. Two competent adults who do not inherit from the will typically need to serve as witnesses to the document’s signing.
Drafting a will that complies with state law allows an individual to place themselves in the strongest position of having their wishes upheld after they’ve died. Wills that meet state requirements can guide the probate process and can hold up under challenges in court.
