A will is the cornerstone of any estate planning process. With a valid will in place, you can have peace of mind knowing that the wealth you have worked so hard over the years to acquire will pass down to the people you care about per your wishes when you die. If you were to die without a will, on the other hand, the government would step in and determine how your assets will be distributed.
For your will to be enforceable, however, it must be valid. This means that you must be at least 18 years at the time of signing the document. Also, your will must be witnessed. And finally, you must have the testamentary capacity to sign the will. In fact, your will may be successfully disputed if it is established that you did not have the testamentary capacity to sign the document.
Understanding the testamentary capacity to sign a will
Testamentary capacity is simply your mental ability to make a will. In simple English, you need to understand the nature of creating a will, its implications as well as the extent of your properties and beneficiaries.
Understanding the right to dispute a will
Your ability to create a will can be disputed on a number of grounds. Here are some of them:
- When you were diagnosed with a generative condition like Alzheimer’s disease at the time of signing your will
- When you signed your will too close to your death following a long illness
A will is a legal document. As such, it is important that you understand the implications of having one. Learning more about Minnesota estate planning laws can help you avoid missteps that can bring the validity of your will to question.