Requirements for Creating a Valid Last Will & Testament

How do you properly memorialize your last wishes in your Last Will & Testament?  You want to make sure your wishes are clearly set forth as to who is in charge of your estate, how you want your property split up and distributed to family and/or friends, among many other issues.  Even though you may get your wishes drawn up there are certain requirements that must be met to make the will a valid and legally binding document.

Chapter 2107 of the Ohio Revised Code deals with the Last Will & Testament.  Some of the requirements include:

  1. Being 18 years of age or older
  2. Being of sound mind and memory
  3. Not under restraint
  4. Every will must be in writing, except oral wills
  5. The testator shall sign the will at the end or direct someone else in his/her presence to sign the document on his/her behalf
  6. The signing of the will shall be in front of two or more competent witnesses

Make sure you get your affairs in order!

A lot of times people don’t want to think about their estate plan until it is too late.  As you can see from the information above it is quite simple to make a will.  The American Bar Association reports that statistical studies show approximately 55% of Americans die without a will or estate plan.  Don’t let this be you!

What happens if you have made multiple wills?

The first Will that you create will most likely not be the last Will that you sign.  It is a good practice to review and re-evaluate your Will when circumstances change.  Changes could include marriage, divorce, the birth of children, etc.  Things happen and situations change.  You want to make sure your will is up to date as best that you can.  Regardless how many times you change your will the most recent document will carry out your wishes.