There is a common misconception that creating a Will is as simple as writing your wishes down on paper, signing it, and storing the document in a safe place until your passing. In reality, this is far from the truth, as there are many factors that influence the validity of your Will. Many don’t realize that you must have witnesses when creating a Will with the help of a Medina County, Ohio Will preparation lawyer. If you’re unsure why this is necessary or what the requirement is, you’ll want to keep reading.
How Many People Need to Be Present When Creating a Will?
When creating a Will, the state of Ohio requires that, at minimum, two witnesses must be physically present. These witnesses watch you sign the document before signing themselves.
Generally, the only two requirements for a witness are that they must be at least 18 and of sound mind. However, it’s strongly recommended to choose witnesses who are “disinterested” in your estate plan. Essentially, this means they are not a family member or Beneficiary. This is to ensure no coercion or other fraud is happening.
Why Do I Need Witnesses for a Will?
Creating a Will is a complex legal process. Because it is executed after the creator has passed away, there are many steps involved to ensure the creator’s wishes have been met. As such, the state requires witnesses to the signing of a Will to ensure the creator is of sound mind, no fraudulent signings are occurring, and they are not under duress.
If, upon the execution of the terms and conditions of the Will, there are concerns about its validity, the witnesses can testify about the signing. For example, they may explain how the signer was not of sound mind when signing it and thus did not understand the terms and conditions they legally agreed to.
What Else Impacts the Validity of a Will?
It’s important to understand that many elements impact whether or not a Will is deemed valid. Generally, the language used in the document can vary from state to state, so it’s essential to understand that what may be acceptable in other states may not be honored in Ohio.
Additionally, if you need to make changes to your document, creating a Codicil or Amendment has its own set of requirements. As such, you must adhere to them to ensure the changes you wish to implement are honored.
If you are worried about your Will being honored and deemed valid, it’s in your best interest to connect with an experienced estate planning attorney for this process. At Krause Law, we understand that ensuring your wishes are honored after your passing is essential to achieving peace of mind. As such, our team is dedicated to doing everything possible to help ensure that your Will accurately reflects your desires. Connect with us today to learn how we can assist you through these complex times.
