What are the requirements for a valid will?

A valid will in California requires that certain criteria be met. First, the will must be in writing and signed by the person making it (called the testator). The testator must also be at least 18 years old and mentally competent when the will is made. Second, the testator must sign the will in the presence of two witnesses. These witnesses must then also sign the will in the testator’s presence. There is also a third witness requirement for holographic wills (wills written entirely in the testator’s handwriting). The witnesses do not need to know the contents of the will or sign it at the same time. Third, the will must be properly attested. This means that it must be signed by a notary public or other qualified person, such as an attorney. Finally, the will must be intended to be the testator’s last will and testament, meaning that it should make clear that all other prior wills are revoked. In addition to these requirements, there are penalties for any will that has been forged or altered in a fraudulent manner. Any will that does not meet the criteria outlined above may not be valid and may not be honored in court.

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