What are the requirements for a will to be valid?

The requirements for a valid will vary somewhat by state, but the general requirements include:

• Legal age. In most states, you must be at least 18 years old to make a binding will. In some states, the age limit is as low as 14 or 16 with exceptions for emancipated minors or when a minor has received a large inheritance.
• Testamentary intent. This means you must be clear in expressing your intention for the document to function as a will.
• Testamentary capacity. This means you must be of sound mind and are aware of your actions and the implications when the will is created. It’s a common misconception that someone with dementia can’t create a legally binding will, but they can if they are lucid when the will is made. In these cases, though, a letter from a doctor that confirms mental competence is a wise decision.
• Signed. The will must be signed free of fraud, duress, or coercion. A representative can sign on your behalf if you are physically unable to sign the will.
• Witnesses. In the vast majority of states, two adult witnesses must also sign the will. In some states, the witnesses must be disinterested which means they will not benefit from the will in any way.