Wills (sometimes also called testaments, and combined with a testimony) have been around for thousands of years. A will is a legal “document” that allows someone (a person also referred to as a testator, as opposed to an heir who received an inheritance) to make a declaration that one or more people is to manage his estate (which consists of his home, wealth, property, etc.). Additionally, a will makes provision for transferring that testator’s property to those named people at his death.

What Makes Wills Valid

In order for wills to be valid, they must meet the following requirements:

• They must be written by a testator who is not a minor.
• They must be written by a testator who is of sound mind (not out of his mind, extremely depressed, not under coercion, etc.)
• They must be dated and signed (at the end of each will) in front of at least two witnesses who don’t stand to gain anything from the wills. Anything after the signature is invalid. (However, in the UK, an English soldier doesn’t necessarily need witnesses if he is on the battlefield making what is known as his “serviceman’s will”. Also, oral wills are usually accepted by servicemen, with only some restrictions. Also, a codicil, a document that only supersedes a portion of a prior will, cannot replace an entire will).
• They may be made without a lawyer, but they must be nearly error-free in order to avoid being invalidated. (A common error in the execution of home-made wills in the United Kingdom is in using a beneficiary, even one who is not gaining from any claims within the will).
• They may not require a recipient to perform an illegal act in order to receive benefits.
• They may not be used to disinherit a surviving spouse (But in the US, most states allow surviving children to be disinherited by fathers. Also, until 1975, in wills in England and Wales , a surviving wife was allowed to be a victim of disinheriting by her husband).
• Different states in the United States have additional different requirements that vary, and that may give only limited power to a will.
• The testator must clearly identify himself.
• The testator must clearly identify what he is doing (making a will).
• The testator must make it clear that this will supersedes any and all previous wills that he has made.

Types of Wills

There are numerous different types of wills, including:

• Nuncupative (non-culpatory) wills – oral or dictated.
• Holographic wills – written in the hand of the testator.
• Self-proved wills – in solemn form with affidavits of subscribing witnesses to avoid probate.
• Notarial wills – wills in public form and prepared by a civil-law notary.
• Mystic wills – sealed until death.
• Servicemen’s wills – wills of persons in active-duty military service
• Reciprocal/mirror/mutual/husband and wife wills – wills made by two or more parties (typically spouses) that make similar or identical provisions in favor of each other.
• Unsolemn wills – wills in which the executor (the one who reads the will) is unnamed.
• Wills in solemn form – signed by testator and witnesses.