What Are the Essentials of a Valid Will?

Your will is one of the most important documents you’ll ever make. It details what will be done with your estate, and it protects your beneficiaries. But in order for your will to be valid, it must follow certain rules here in Queens, NY. Talk with a wills lawyer right away to get the help you need.

What Are the Essentials of a Valid Will?

Clarity 

The first essential is that your will be clear. You need to identify all assets you have, including not only your basic financial accounts and investments but also any real estate and personal property. If you want to leave something to a particular person or entity, detail exactly who is to receive what. Your will needs to name an executor to manage your estate after your death, as well, and it’s a good idea to talk to a lawyer about choosing the right person for this job. If you’re unsure whether you know someone who is willing to do it and also capable, you can designate a lawyer as your executor.

Formalities Observed

However clear your will is, if it is not properly formed and filed, it may not be valid, and it could be challenged or tossed out. The easiest way to make sure there will be no issues in probate is to make your will a self-proving one. This means you sign an affidavit affirming that it was properly made and that you are of sound mind and intended to make the will as it is written. You’ll have witnesses watch you sign this in front of a notary public, and then your witnesses and the notary public will attest that the will is genuine and that you are competent and understand your actions.

Your will needs to be in writing, and the witnesses need to sign it within 30 days of it having been written. Bear in mind that your witnesses cannot be beneficiaries. If they are, then any gifts you give to them in the will may be invalidated, and there can be other complications in court.

Queens, NY Wills Lawyer Oversight

While it is technically possible to do a will yourself, it’s rarely advisable except with the simplest and smallest of estates. Even with a simple and small estate, in fact, there’s still the possibility that a minor error in the process could mean that the entire will is declared invalid. And even if the will is good, without the advice of an experienced attorney, it’s easy to put something in your will that has an unintended consequence.

An attorney with experience can make sure your will complies with the law and also ensure that it is clear, can’t easily be challenged, contains clauses and provisions to prevent disputes as much as possible, and actually does exactly what you want. This is especially important if you have a blended family or a complex estate.

For help to ensure your will is valid, enforceable, and true to your wishes, talk to us now at the Law Offices of Joseph H. Nivin, P.C. in Queens, NY.

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