One of the more important documents you can sign is your last will and testament. This is a document in which you are able to designate how your assets are distributed after your death. While most people have a general idea of what a will is, better understanding what a will is and whether a will is valid is more complicated.

What Is A Will?

A will, more formally known as a last will and testament, is a document that can be admitted in the probate court to determine who will be responsible for making decisions about your estate after your death and where your assets will go after the debts of your estate are paid. A document that is not a properly prepared will cannot be used to make these determinations and will have no effect after your death. It is a sad but common occurrence for relatives to present to the probate court an undoubtedly genuine document that does not meet the requirements of a will. Sadly, these documents will not suffice.

What Makes a Will Valid?      

In Alabama,  a will must be executed by the person making the will (known as the testator ) and witnessed by two people. A professionally drafted document will also contain what is known as a self-proving affidavit that allows admission of the will without a court hearing. In some states a handwritten document that is unsigned or other less formal types of documents may serve as a will, but not in the state of Alabama.

Should I Draft My Own Will?

Drafting your own legal documents is not advisable. The better option is to consult an attorney, who can take your wishes and draft a document that meets all the legal requirements of a will in Alabama.  Clients sometimes ask “is a will off the Internet valid?” or “Won’t a hand written document I leave behind be good enough?”  The short answer is that your relatives won’t find out for sure until after your death, when nothing can be done to fix the problem.

If you have questions about drafting a will or any other estate planning question, the attorneys at J.P. Coleman Law, LLC are here to help. With offices in Baldwin County, Alabama, and in New Orleans, Louisiana, the lawyers at J.P. Coleman Law, LLC are experienced in drafting wills, trusts, powers of attorney and other documents you may need as part of your estate plan. To schedule a free consultation, call 251-947-6247 or visit their website at www.jpcolemanlaw.com.