What are the requirements for a valid will?
In Indiana, a person must be at least 18 years of age and of sound mind to make a valid will. The will must also be signed by the person making the will (the “testator”), signed by two witnesses, and formally dated. The witnesses must be adults who are not related to the testator by blood or marriage and the witnesses must be able to attest, with reasonable certainty, that the document being signed is indeed a will. The witnesses must also be present at the same time that the testator signs the will, and they must also sign the will in the testator’s presence. Indiana also requires that the testator’s signatures be notarized. This means that the document must be signed in front of a notary public who will then formally acknowledge the signature. The notary public must also attest that the testator was of sound mind when the document was signed. Finally, a valid will must be in writing. Indiana does allow for handwritten wills, known as a “holographic will,” as long as it is signed on all pages and the testator’s signature is notarized. In summary, to make a valid will in Indiana, the testator must be 18 years of age or older, of sound mind, and sign the will in front of two witnesses and a notary public. The will must also be in writing and signed on all pages.
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