Do Wills stand?

Question

If my hubby and i did a writen Will,but didnt have it sighned by a judge.It was just with our signatures,would it hold up.

Answer 1

In most states in the U.S. wills should not be notarized. - Instead, most states require that the will be witnessed by two independent witnesses - In other words, the witnesses can not be people who are beneficiaries of the estate. - A few states require three witnesses rather than two.- The person signing the will and the witnesses should all be present and sign when the will is signed.

Some states also permit holograph wills - A holograph will, must be signed, dated and entirely written in the handwriting of the maker of the will.

Its best to have a good lawyer write a will for two reasons: To make sure that it is witnessed properly so that it will hold up - and to make sure that it is clear since you will not be around to explain the terms of your will.

Answer 2

No. However, it's not the signature of the judge that makes it a legal Will. You must satisfy 4 elements:
1. Legal Capacity - You must be at least 18.
2. Testamentary Capacity - You must understand not only that you are writing a Will, but you must know the extent of your assets.
3. Testamentary Intent - You must intend (and the document must state this intention) that the instrument you write is your Will.
4. Formalities - Hand written wills are not recognized in all places! (Holographic wills) You should type the entire document. You should have at least 2 witnesses that are at least 18 and understand the intent of the document to be a Will. These witnesses must be present when you sign the document. The document must also be notarized AT THE TIME YOU SIGN. If you are in Louisiana you must have THREE witnesses.

Answer 3

You would have a better chance of it holding up if you have it notarized. Your signatures alone can be challenged in court.

Answer 4

if it is witnessed or signed by a notary then it will stand