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What Wills are valid in Pennsylvania?

On Behalf of | Aug 3, 2020 | Wills | 0 comments

Creating a will in Pennsylvania: Understanding the requirements

In Pennsylvania, not all wills are considered valid. To ensure that your wishes are carried out after you’re gone, it’s essential to understand the state’s specific requirements for creating a valid will.

Types of Wills: Written and Oral

The Pennsylvania General Assembly has established guidelines for wills, which include two main types:

  • Holographic Wills (Written Wills): A written will is a document that is entirely in your handwriting. In Pennsylvania, holographic wills are recognized as valid if they are signed at the end.
  • Nuncupative Wills (Oral Wills): An oral will is a verbal statement of your wishes, which is not valid in Pennsylvania.

Requirements for a Valid Will in Pennsylvania

To create a valid will in Pennsylvania, you must meet the following requirements:

  • Age: You must be at least 18 years old to create a valid will.
  • Sound Mind: You must be of sound mind, meaning you understand the natural objects of your bounty (such as family members, friends, or charities) and have some knowledge of your assets or estate.
  • Signature: You must sign the will yourself, or if you’re unable to sign, you can direct someone else to sign on your behalf in the presence of two witnesses.
  • Witnesses: While not required by law, it’s highly recommended to have two witnesses present when signing the will. They must also sign the will in your presence.
  • Declaration: You must declare that the document being signed is your will, in the presence of the witnesses.
  • Notarization: While not required, it’s a good idea to sign the will in the presence of a notary public and have it notarized.

Important Notes

  • Anything written after your signature on a holographic will is not considered valid.
  • It’s essential to follow these guidelines to ensure that your will is valid and your wishes are carried out after you’re gone. If you’re unsure about any aspect of creating a will, it’s always best to consult with an experienced estate planning attorney.

If you have questions about creating a will in Pennsylvania and wish to speak to an experienced estate planning attorney, please contact us online or call 412-567-1236.

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