Estate Planning Considerations: Requisite Formalities
Estate planning documents express your wishes in the event of your disability or death. However, estate planning documents must follow certain formalities to be legally enforceable. If your estate planning documents lack these formalities, they may not be enforceable, which could be disastrous for your loved ones and beneficiaries.
Keep in mind estate planning requirements vary state by state. Let’s look at a Last Will and Testament, just one of six “must have” estate planning documents every Iowan needs. For a will to be valid in Iowa, it must comply with these requirements:
- Maker (testator) must be at least 18 years of age or married;
- Maker must be of “sound mind”;
- Will must be written;
- Will must be signed by maker in presence of at least two competent witnesses, at least 16 years of age, who also sign in presence of maker and each other; and,
- Maker must tell the witnesses it is his or her will.
It is important to have a reputable legal professional handle your estate planning. If you don’t, you risk missing one or more legal formalities, which might make your entire estate plan worthless. For this reason, avoid creating a will, or for that matter any estate planning documents, through an online service.
Starting an estate plan may seem like a daunting chore, but it doesn’t have to be. The easiest place to start is with my free, no obligation Estate Plan Questionnaire. Of course, you may always reach out to me at any time with any questions or concerns.