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Not all wills are recognized as valid in Minnesota

On Behalf of | Feb 28, 2021 | Estate Planning

If you have never engaged in estate planning, there exists a chance that you do not know as much about valid wills as you may think. All states have specific laws about what makes a will valid. Minnesota is no exception, and those who fail to understand the state’s will laws could end up with a document that has no value.

There are several different types of estate planning tools for people to consider. For example, in families with few valuable assets, a simple will may meet the testator’s (will-maker) needs. When a family has substantial assets or wealth, a more comprehensive will is necessary along with other documents (powers of attorney, trusts, etc.).

The two types of wills that are invalid in Minnesota

Some states allow almost any form of a will or testament. However, in Minnesota, not all wills are valid:

  • Holographic wills: This type of will is handwritten, and although Minnesota sometimes recognizes handwritten or holographic wills, you must make sure to comply with the rules. When holographic wills are unsigned by the testator and not witnessed by two parties, they are invalid.
  • Nuncupative wills: This type of will is oral, or spoken, instead of typed or written. The state of Minnesota does not recognize oral wills as a valid means of passing on your wishes.

To avoid misunderstanding the laws governing the validity of your will, consider having a legal professional review all the documents in your estate plan. If he or she sees any errors or finds that your will does not meet your needs, you will appreciate having an advocate help you find the best solution.