Honoring a person’s wishes for their property and loved ones after they pass away is as simple as having a valid will. Indiana law sets specific guidelines for creating a legally enforceable will. Knowing these requirements can help prevent disputes and ensure that your estate is distributed according to your intentions.
Age and mental capacity
Indiana law requires that anyone creating a will, also known as a testator, must be at least 18 years old. The testator must also have sound mental capacity. This means they must understand the nature of their property, the purpose of the will, and the identities of the beneficiaries they are including.
Writing and signatures
To be valid, a will must be in writing. Typed or printed wills are acceptable, but handwritten wills, known as holographic wills, are not valid unless they meet specific statutory requirements. The will must also include the testator’s signature at the end of the document. If the testator is unable to sign, they may direct another person to sign on their behalf in their presence.
Witnesses
Two competent witnesses need to sign the will according to state law. Witnesses must watch the testator sign the will or acknowledge their signature. These witnesses must also sign the will in the presence of the testator. Witnesses should be disinterested parties, meaning they do not stand to benefit from the will, to avoid potential legal challenges.
Updates and amendments
If a person wants to update their will, state law allows changes through a legal document called a codicil. The codicil must meet the same formal requirements as the original will, including the testator’s signature and the signatures of two witnesses.
Ensuring compliance with Indiana’s legal requirements for wills can protect an estate from unnecessary complications. For those uncertain about their will’s validity, consulting with an experienced professional may offer clarity and peace of mind.