In today’s society, like many other people, you may have considered creating an estate plan which includes a will. A last will is a legal document whereby you can express your final wishes as to how your property and assets are to be distributed after you’ve died. When creating a will it is critical to ensure you meet certain requirements to ensure it is valid and enforceable. After you’ve departed, the court will decide on the validity of the will, which can affect whether your final wishes are properly carried out. To ensure your will is valid and enforceable, contact an experienced Montgomery County Will Drafting Attorney who can help ensure your will satisfies the basic requirements to be a legally binding document. Keep reading to learn what makes a will valid in Maryland.
What steps do I need to take to ensure my will is valid and enforceable in Maryland?
In Maryland, a will must satisfy certain requirements to be enforceable after you’ve departed. Firstly, for a will to be valid you must be at least 18 years of age or older. The will has to be in writing. Nowadays, these types of legal documents can be typed or written out. When you create your will, you must be of sound mind. Essentially, if you do not have the mental capacity to fully understand the terms you are stipulating in the document, the court will not deem your will valid. Additionally, a will only becomes effective when you sign it, date it, and it must be witnessed with certain formalities. When you sign this legal document, the process is known as executing a will. Maryland law requires that you have at least two witnesses when executing your will. The witnesses must be at least 18 years of age or older. As a note, it is often recommended that testators often use witnesses that are not their designated beneficiaries.
How can I ensure my will is not invalidated?
If your will is invalidated by the probate court for not satisfying Maryland law requirements, your wishes may not be carried out as you intended them. Unfortunately, several different issues can invalidate a will including last-minute modifications, mental capacity concerns, and undue influence problems. The best way to ensure your will is valid and enforceable is to hire a qualified attorney who can ensure you meet certain requirements that make your document legally binding. It only takes the tiniest error to completely invalidate this legal document.
For more information on how you can ensure your will is valid, please contact a knowledgeable Montgomery County will drafting attorney. Our firm is committed to helping our clients successfully execute their last will to protect their hard-earned assets and ensure their wishes are carried out properly after they’ve departed.