The testator must sign and date the Will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries or family). The testator or testatrix must demonstrate that he or she has the capacity to dispose of his or her property, and does so freely and willingly. However, if a subsequent Will is completely inconsistent with an earlier one, the earlier Will is considered completely revoked by implication. Otherwise, a subsequent Will may only revoke earlier Wills and codicils only to the extent to which they are inconsistent. It is helpful if the testator or testatrix declares that he or she revokes all previous Wills and codicils. The testator or testatrix must identify himself or herself as the maker of the will, and that the document he or she is signing is his or her Last Will and Testament this is commonly called “publication” of the Will, and is typically satisfied by the words “Last Will and Testament” on the face of the document. Additional requirements may vary, depending on the jurisdiction, but generally include the following requirements: If the Will is ruled invalid in probate, then inheritance will occur under the laws of intestacy as if a Will were never executed.Īny person over the age of 18 in Washington who is of sound mind can sign a Will. In all other states, notarization is not required but it is recommended. Only the State of Louisiana requires that a Will be notarized. In order for a Will to be “self-proving,” the witnesses must sign either a Declaration (also called a Certification) under Penalty of Perjury stating that the statements that they would have otherwise made in an Attestation Clause are true, or the witnesses can sign a notarized Affidavit. Washington law, like the law of most other states, provides for what is known as a “self-proving” Will – in other words, a Will that the Probate Court will accept at the testator’s death without having the witnesses come to Court and testify as to the truth of their attestation. In Washington, two (2) witnesses are required for a valid Will. Here are some basic requirements for a Will to be valid in Washington: How many witnesses are required? Additionally, parents with minor children can designate a guardian for their minor children in the event that the parents die prior to a child’s 18th birthday. ![]() The primary purpose of a Will is to transfer the assets of the decedent to named beneficiaries per the decedent’s wishes. ![]() A Will may also include trusts that may benefit minor or adult children, third parties, or eliminate or reduce estate taxes. A Last Will and Testament is a legal document by which a person, the testator (male) or testatrix (female), names one or more persons to manage his or her estate and provides for the transfer of property at death.
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