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You have a will, but is it valid?

On Behalf of | Jan 6, 2022 | Estate Planning

You have worked hard your entire life. You have created a considerable amount of wealth. And you want to be certain that your assets will go to the rightful heirs when you pass on. For this reason, you have created a will. 

Congratulations! But, is your will valid? Can’t it stand the test of the law?

Basically, a will is a legal estate planning document that outlines how you would wish that your assets are distributed when you die. It is important that you have a will as it allows you to articulate your wishes in a precise and clear manner. If you die without one, you will be deemed to have died intestate. And this means that the state of Louisiana will decide how your assets are distributed according to its laws. However, for your will to be honored, it must be created in accordance with the existing state laws. 

Here are three telltale signs that your will could be invalid.  

Your will is not signed

For any legal document to be valid, it must be duly signed and dated by the person who created it. Your will is no different. For your will be valid in the state of Louisiana, it must be duly signed in the presence of two witnesses. And the two witnesses too must append their signatures on the document. 

You were underage at the time of creating the will

You must be of legal age to create a will in Louisiana. And this age is 18 years or older. Your will shall be invalidated if it is established that you created it while underage. 

You were not of sound mind when creating the will

Like in the other states, you must have been of sound mind at the time of creating your will. This is known as “testamentary capacity,” meaning that you understand what you are doing. Your will can be contested and invalidated if it is established that you created it while intoxicated or while suffering from mental illness. 

A will is an important estate planning document that speaks on your behalf when you are no longer around to make important decisions regarding your assets. However, your will can be invalidated if it was not created properly. That’s why it’s always better to have experienced assistance with your estate planning process.