What are the requirements for a valid will?
In Minnesota, a valid will must meet certain requirements in order to be legally binding. First, the will must be in writing. Oral wills are not legally binding, so the document must be written down. The will must also include the testator’s name, address, and signature. The testator must also be at least 18 years old and of sound mind when they make the will. The will must also be signed and witnessed by two disinterested witnesses. This means that the witnesses should not have any interest in the will or be related to the testator. They must be present when the testator signs the will and must both sign the will in the presence of the testator and each other. In addition, the will should include language that clearly indicates the testator’s intention to make the will. It should also include clear instructions on how to distribute the testator’s assets after they die. Furthermore, the testator should make sure that any other estate documents, such as trusts or power of attorney documents, are up to date and consistent with the will. Finally, the will must be notarized. This means that a notary public must witness the testator signing the will, verify their identity, and sign the will themselves. Once all of these requirements have been met, the will can be offered for probate.
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