People can create very complex estate plans, or they may simply choose to draft wills. A will can designate a trustworthy person to act as a personal representative during estate administration. Parents with minor children can name a guardian to care for their children in a will.
Testators also name their chosen beneficiaries and provide instructions regarding the specific assets they should inherit. A will has a profound impact on an individual’s legacy and also on the future of their closest loved ones.
There are strict rules governing wills to limit the risk of forgery and other forms of fraud. Signature requirements are a key protective component in Pennsylvania probate statutes.
Who should sign a will?
The most important signature on any will is that of the testator drafting the documents. A will must be a physical, written instrument that the testator signs. In cases where testators have medical challenges that prevent them from signing, they can review the will and then have a selected agent sign on their behalf.
There also generally needs to be two adult witnesses present to sign the document as well. Their role is to affirm the identity and testamentary capacity of the person drafting the will. It is usually beneficial to select witnesses who do not stand to inherit from the estate. Disinterested witnesses can testify in probate court if there are any questions about the documents or the testator’s mental state.
Ensuring that a will conforms with state statutes is important for its validity later, after the testator dies. People who work with estate planning attorneys can avoid mistakes that could undermine the usefulness of the wills they draft.