Will Compliance Verification

Will Compliance Verification

Will Compliance Verification refers to the process of ensuring that a will meets all legal requirements and is valid under the law. This process is essential in the estate planning field as it determines whether the will can be executed as intended by the testator (the person who created the will).

In general, for a will to be considered valid, it must meet several criteria, which can vary by jurisdiction but typically include:

1. Testamentary Capacity: The testator must be of sound mind and at least 18 years old at the time of signing the will.

2. Voluntary Execution: The testator must create the will voluntarily, without undue influence or coercion from others.

3. Proper Formalities: The will must be in writing, signed by the testator, and witnessed by at least two individuals who are not beneficiaries of the will.

4. Intention to Distribute Property: The will must clearly articulate the testator’s intent to distribute their estate upon death.

The Will Compliance Verification process often involves reviewing the will’s language and structure, confirming that it adheres to state-specific requirements, and ensuring that all signatures and dates are correctly documented.

For example, in Texas, if a will is not properly witnessed according to state law, it may be deemed invalid, resulting in the distribution of the estate being handled as if the testator died intestate (without a will). This could lead to unintended distributions that do not align with the testator’s wishes.

Utilizing legal professionals during the verification process can help identify potential issues and provide peace of mind that the will is effective and will be honored in probate proceedings.