If you are thinking about creating your last will and testament to document your wishes and end of life instructions, it is important to ensure that your will meets the legal requirements for validity. We are here to help. A Chandler wills lawyer could assist you with will creation and help execute an enforceable, comprehensive document. If you have questions about formulating a detailed estate plan and will, a trustworthy attorney at our firm could be an invaluable resource and provide you with more information about the process involved.
There are some particular elements that must be present for a will executed in Chandler to be held as valid and enforceable by a state court. One of the requirements for validity is that a will must be signed in the presence of two witnesses. In addition, for a will to be enforceable in Arizona, the individual must be at least 18 years of age and be of the mental capacity to understand the process that is occurring.
Written, handwritten, and electronic wills are permitted in Arizona, provided they meet certain legal criteria for validity. For example, a holographic or handwritten will must be signed and written by the individual themselves to be considered valid.
When executing any type of will, the individual must do so for the express purpose of creating a will. In other words, if the individual was not aware or intending to create a will when the document was made, the validity of the document could be put in question.
A common situation where the validity of a will could be challenged is when there is evidence to show that the testator (the person creating the will) executed it while under duress, meaning they were forced to draft it, or did not have the capacity to understand what they were doing. If the testator was coerced into signing the will or was not of sound mind at the time the will was made, a judge would very likely invalidate the legal document.
There are a wide variety of provisions that a Chandler attorney could help someone include in their will. Primarily, a will outlines how the testator’s property and assets will be distributed when they die and names the heirs or beneficiaries who will receive these assets. However, there are other important terms that can be outlined in a person’s will.
A will should designate an executor to handle the distribution of the testator’s estate and the payment of their debts upon their death. The will should explicitly state the extent of the authority granted to the executor and potentially name a backup executor to succeed the original choice in the event they predecease the testator.
If the testator has children who are still minors, a Chandler attorney could also help them outline arrangements in their will for who will have charge their children in the event of their untimely death. The document should name a guardian as well as a successor to serve as a replacement if the primary choice cannot, or will not, take on the role of guardian.
A Chandler wills lawyer could answer your questions about creating a will or any other type of estate planning document. To discuss your will creation needs with an experienced attorney, get in touch with our office today and speak with a compassionate member of our legal team.