How do I know if someone has made a valid will?
In Wisconsin, a will must meet certain requirements to be valid. Generally speaking, a valid will must be in writing and the person making it (the “testator”) must be at least 18 years old and of sound mind. Additionally, two witnesses who are at least 18 years old and are not beneficiaries of the will must be present when the will is signed and they must sign the will as witnesses. The witnesses must also be capable of understanding the document they are signing. This means that they understand the nature and effect of the document and that the testator is of sound mind and making the will free from any kind of coercion or fraud. Finally, the testator must follow certain formalities in signing the will. This includes signing the will in the presence of all of the necessary witnesses and having them sign the will in the testator’s presence. The witnesses must sign the will before or after the testator does, but not both at the same time. It is important to remember that if the will does not meet all of these requirements, it is not considered valid in Wisconsin. Therefore, it is important to contact an attorney if you have questions about whether or not a will is valid in Wisconsin. An attorney can help ensure that a will meets all of the legal requirements and is enforceable in court.
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