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Missouri's Requirements to Create a Valid Will

Sep 14, 2023

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1. **Age and Capacity**: The testator (person making the will) must be at least 18 years old and of sound mind. Being of "sound mind" typically means that the testator understands the nature of the will, the extent of their property, and the identities of those who are to inherit.


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


3. **Witnesses**: The will must be attested by at least two competent witnesses who sign the will in the presence of the testator.


4. **Signature**: The testator must sign the will at the end. If the testator cannot physically sign, another person can sign on the testator's behalf, but this must be done in the testator's presence and at their direction.


5. **Holographic Wills**: Missouri recognizes holographic wills (wills that are entirely in the testator's handwriting) if they are dated and signed by the testator. However, it's still advisable to have such wills witnessed to avoid potential challenges.


6. **Revoking or Changing the Will**: A will or any part of it can be revoked 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).


7. **Self-Proving Affidavit**: Missouri allows for a will to be "self-proved." A self-proving will has an affidavit (a sworn statement) 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.


8. **Property Disposition**: While not a requirement for a valid will, it's essential to be clear about how you want your property distributed. If certain provisions of the will are found to be invalid, those portions of the estate may be distributed according to Missouri's intestacy laws.


9. **Digital Assets**: It's a good idea to consider digital assets when creating a will. While specific provisions might not be outlined in the basic requirements for a will, addressing digital assets and providing clear instructions on how they should be handled can be crucial.


It's crucial to consult with an attorney familiar with Missouri'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.

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