Can I Make and Sign My Own Last Will & Testament
Tony B. MannsTony B. MannsEach State has slightly different requirements for what makes a Last Will & Testament (“Will”) valid.
If the requirements are not followed, a Will may be determined to be invalid if challenged. Anyone could draft a Will, but as my mother used to tell me, just because you can do something does not mean that you should.
In Indiana, several requirements for execution of a Will include that you must be at least 18 years old and be of sound mind at the time the Will is signed.
“Sound mind” generally refers to a person’s mental capacity to make informed decisions free of undue influence, understand their actions, and the consequences of their decisions.
Either you, or someone acting on your behalf, at your direction, and in your presence, must sign the Will. In addition, you must have at least two disinterested witnesses sign the Will. The formalities are crucial to ensure your wishes stated in the Will can be completed.
It is strongly recommended that you consult your elder law attorney to ensure that your Will is drafted properly, executed properly, and addresses your concerns adequately and legally.
