A key component of estate planning for many individuals is the writing of a last will and testament. There are specific protocols that must be followed in order to execute a will in a proper manner.

State Law Governs Wills

The laws of each individual state governs the manner in which a last will and testament is to be executed or signed. With that said, there are some general will execution protocols that are followed across the United States, including in the commonwealth of Pennsylvania.

Sound Mind and Body

A person intent on signing a will must be of sound mind and body. What this means is that an individual signing a will must be in a proper physical and mental condition. In addition, in Pennsylvania, a person must be at least 18-years old to execute will.

A basic test exists to ascertain if a person truly is of sound mind and body, fit to sign a will. The person seeking to execute a will must understand that signing the will is in fact the task at hand. The person must also have a general understanding of the nature and extent of his or her assets, the property that is subject to the will. The individual signing a will must understand how his or her assets are being distributed or allocated pursuant to the terms of the instrument.

As an aside, a person must be sober at the time of the signing of a will. The individual cannot be under the influence of any mind-altering substance.

Notary Public

A will must be executed in front of a notary public, or a similar type of official. For example, a will can be signed in front of a judge in most jurisdictions. The notary public authenticates the person signing the will did so in a manner consistent with the laws of Pennsylvania.

Witnesses

The one area in which there is some more significant variation from one state to another is in regard to the witnesses necessary for a will signing. The witnesses must be adults and physically and mentally competent at the time of the will signing. Other types of will contests can happen as well. A last will and testament in Pennsylvania must be witnessed by two individuals.

Conclusion

The failure to satisfy the requirements associated with executing a will can open the door to challenges to its validity. A common objection to a will is that a person was not mentally competent at the time the instrument was executed. A determination of invalidity renders the will useless to convey property after someone’s death.