What Should Be Included in a Legally Valid Will?

For your will to ensure that your wishes are ultimately upheld, which is, of course, the primary goal, it must be legally valid. Toward this end, there is a wide range of legal intricacies that apply. This makes working closely with our experienced Pennsylvania estate planning attorneys at Schaffranek & Foster an excellent place to start.

Key Legal Requirements

There are specific requirements that must be met for your will to be legally binding in Pennsylvania, and they include all the following:

• You must have been at least 18 years old when you wrote your will, and you must have had the capacity to understand its implications.
• Your will must be in written form. This can mean being typed, printed, or handwritten, which is called a holographic will.
• Your will must be signed by you at the bottom of the legal document. Generally, anything below the signature line is ignored by the court.
• While having two witnesses sign your will isn’t a legal requirement in Pennsylvania, it is standard practice, which means that doing so can bolster the legal validity of your will.

Notarization of your Pennsylvania will is not required, but if you and two witnesses sign your will before a notary public, it creates what’s called a self-proving affidavit. This helps to streamline the probate process, which is to your family’s advantage. When you have a knowledgeable estate planning lawyer in your corner, you can rest easy in the knowledge that your will is legally binding.

Matters That Should Be Addressed in Your Will

There are specific concerns that you should clearly address in your will, as applicable.

Nomination of an Executor

In your will, you can nominate someone whom you trust to guide it through the probate process, which ends with your loved ones receiving their inheritances. The court is very likely to assign the role to the person you nominate, and if you fail to do so, you’ll have no say over the matter.

Determining Asset Distribution

Your will is your opportunity to clearly state how you would like your assets to be distributed and to whom.

Appointing Guardianship

If you have minor children, you can name a guardian whom you trust to care for them in your will. The court will treat this nomination as a strong, persuasive expression of your wishes, and such nominations are generally upheld.

Implementing a Contingency Plan

There is always the risk that a named beneficiary’s death will precede your own. By including a contingency plan that specifies backup beneficiaries, you resolve this concern.

Discuss Your Concerns with Our Experienced Pennsylvania Estate Planning Lawyers Today

Our well-respected Pennsylvania estate planning attorneys at Schaffranek & Foster appreciate the significance of your will and will spare no effort in our focused quest to help you get it right. For more information about everything we can do for you, please don’t delay reaching out by contacting us online or giving our firm a call at 412-643-3848 today.