Estate planning can give a testator peace of mind and allows them to craft a legacy. They can protect their loved ones and arrange for their own support in the event of a medical emergency. For many testators, a will is the most important legal instrument included in an estate plan.
In some cases, a will may be the only document that they need. People can name guardians to care for their children in a will. They can nominate someone to act as the personal representative who administers their estate. They can also clarify what individual beneficiaries should inherit from their estate.
Given everything that people may try to achieve with a will, it is important to ensure that the document is valid and enforceable in the Arizona probate courts. The law imposes several requirements on testators drafting wills. What does the law require for the courts to recognize a will as a valid legal document?
1. A competent adult testator
Typically, only legal adults can draft legal documents and sign binding agreements. With exceptions for emancipated minors, usually only those who are 18 or older can draft a will.
They also need to be healthy enough to understand the implications of the will. Cognitive decline caused by advanced age, brain injuries, developmental delays and severe mental health disorders could all potentially diminish an individual’s testamentary capacity.
2. A written document
Typically, wills have to be physical documents that people can present to the courts. The state recognizes both printed documents drafted by attorneys and handwritten documents that meet all necessary state criteria. Video footage, audio recordings and electronic documents typically cannot serve as a will.
3. Appropriate witness signatures
Testators drafting wills usually need to sign them. If they are physically incapable of signing the document themselves, then they usually need to have an agent sign on their behalf.
They also need to have two witnesses present who can validate their identity and attest to their state of mind. Those witnesses must also sign the will to help ensure its validity.
Individuals trying to draft or update wills often need help creating valid estate planning documents that comply with all Arizona State statutes. Partnering with the right professional may make all the difference for those who want to control their legacy after their passing.
