Alabama's Requirements For Creating a Valid Will

As of my last update in September 2021, here are the general requirements for creating a valid will in Alabama:

1. **Age and Capacity**: The testator (person making the will) must be at least 18 years old and of sound mind.

2. **Writing**: The will must be in writing. This can be handwritten, typed, or printed.

3. **Witnesses**: The will must be signed by at least two competent witnesses. These witnesses must see the testator sign the will or acknowledge the signature, and then they must sign the will themselves in the presence of the testator.

4. **Signature**: The testator must sign the will at the end. If the testator is unable to sign, someone else ca

n sign on the testator's behalf, but this must be done in the testator's presence and at their direction.

5. **Holographic Wills**: Alabama recognizes holographic wills, but they must meet specific requirements. A holographic will is one that is entirely written, dated, and signed in the testator's handwriting. However, Alabama requires that holographic wills be witnessed in the same manner as non-holographic wills, meaning they must still be signed by two competent witnesses.

6. **Self-Proving Affidavit**: Alabama allows for a will to be "self-proved." A self-proving will has a notarized affidavit from the testator and witnesses, which confirms they followed the required legal formalities. This affidavit can expedite the probate process because the court can accept the will without contacting the witnesses.

7. **Revoking or Changing the Will**: A will can be revoked or changed by the testator at any time before their death, as long as they are of sound mind. This can be done by creating a new will, creating a codicil (an amendment to the will), or by physically destroying the will (e.g., burning, tearing, or otherwise mutilating it with the intent to revoke).

8. **Property Disposition**: While Alabama doesn't have a specific provision allowing for a separate list of tangible personal property outside of the will, it's always a good idea to be as specific as possible within the will itself to avoid any potential disputes or ambiguities.

9. **Digital Assets**: Consideration for digital assets is becoming increasingly important. While Alabama had not adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) as of 2021, it's still a good idea to address digital assets in your will and provide clear instructions on how they should be handled.

10. **Special Provisions for Non-Residents**: Non-residents can create a valid will in Alabama if the will is executed in compliance with Alabama's laws, the laws of the place where the will was executed, or the laws of the place where the testator was domiciled when the will was executed or at the time of death.

It's crucial to consult with an attorney familiar with Alabama's estate planning laws when creating a will. This ensures that your wishes are accurately and legally documented and that your assets are distributed according to your intentions. Laws and regulations can change, so always check for the most up-to-date information or consult with a legal professional.