2007-04-19 16:08:03 · 4 answers · asked by gmong513 1 in Politics & Government ➔ Law & Ethics
The requirements for a valid will vary by state. Particularly critical in many states is the need for a specific minimum number of witnesses, and signatures which must be notarized.
I know of no system that allows notarization or witnessing on line, thus, a will "made" online is not likely to be valid in many jurisdictions.
2007-04-19 16:11:20 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Only if it is done correctly! I do not advise ANYONE to write a will without the assistance of an attorney. There are certain things you MUST do in order to have a valid will. Most of those "online" forms do not give the proper procedures.
There are 2 types of wills, one of which is called "holographic" and is a hand-written will with no witnesses. Very few states allow holographic wills.
Some general requirements are:
1. the person must be of testamentary capacity; 18 years old and mentally competent, able to describe their estate and debts with accuracy.
2. the will must be signed!!!
3. there must be 2 witnesses, who are present at the signing of the will AND who know that they are witnessing the signing of the will. (Louisiana requires 3 witnesses) CAUTION: Some states require that the witnesses actually READ the will before the signing.
These are basic requirements and they do vary from state to state.
Again, go see an attorney to be absolutely certain.
2007-04-19 23:34:51 · answer #2 · answered by cyanne2ak 7 · 0⤊ 1⤋
It all depends on the state and the value of the estate.
I am in PA and my father passed away a little over a year ago. He left a will that he did on the computer, that was neither witnessed nor notarized. Aside from those things that were not counted as part of the estate (retirement plan, life insurance, etc) his estate was small enough that it didn't need probated. Since he left everything equally to my brother, sister and I, and none of us contested the will, it was legally valid as it was, no probate.
2007-04-19 23:22:23 · answer #3 · answered by cookienjanelle 3 · 0⤊ 0⤋
As far as I know, they can be made out on a fast food napkin as long as the signatures and notary public stamps are legal and legible.
2007-04-19 23:14:23 · answer #4 · answered by lost_but_not_hopeless 5 · 0⤊ 1⤋