Most people eventually reach a point in their lives when they realize that estate planning is necessary. For some people, having children forces them to think about the future. For others, it might be professional success or a medical issue that leads to estate planning efforts.
Many people begin with a will when creating an estate plan. For some testators, a will is actually all they need. Unfortunately, some people rush through the creation of a will and might actually establish unenforceable documents. A will generally needs to meet several specific standards enshrined in Mississippi state law for it to be a valid and enforceable testamentary instrument.
An adult testator
With occasional exceptions for emancipated minors, estate planning is a task that only adults can complete. Minors technically do not have control over their resources until they become legal adults. Their parents choose what happens with their assets until they turn 18. Once someone turns 18, they theoretically have the necessary Authority to draft a will in Mississippi.
Testamentary capacity
The law in Mississippi requires that a testator be of sound mind. The vast majority of adults do meet that standard. Questions of testamentary capacity arise in scenarios where people cannot recall the names of their beneficiaries or the assets that they possess. Those who are incapable of understanding the impact of a will cannot draft one. Most adults without major mental health disorders or conditions like Alzheimer’s disease have the necessary capacity to draft a valid will.
Witness signatures
There are many reasons why people might lie about estate plans or try to produce fraudulent documents. Therefore, witness signatures are typically necessary to validate the origins of a will. Testators usually need to have signatures from two witnesses on their documents. Those witnesses can affirm that the testator created the document and had the necessary capacity to do so if conflicts arise in the future.
Occasionally, those who create fully handwritten wills can bypass the witness requirement. However, other people must know their handwriting well enough to affirm that the document is authentic after the testator dies. There are many other nuances in state law regarding what wills contain and the language used to achieve certain goals.
Partnering with an estate planning attorney is a smart move for those who want to feel confident that their wills conform to state law. A lawyer can help someone achieve specific goals and may even assist with creating secondary documents in addition to a basic will.