You may think that a will is a simple document that you can handwrite your wishes on and then sign and put in storage somewhere. However, this would not be a valid will in the state of Wisconsin. A handwritten will that has not been witnessed or notarized is considered a “holographic” will and is not valid in Wisconsin and some other states including Alabama, Delaware, Florida, Georgia, Illinois, Iowa, Kansas, Massachusetts, Minnesota, Missouri, New Hampshire, Ohio, Oregon, Rhode Island, and Vermont. All other states allow holographic wills with the exceptions of Maryland and New York who only accept them from armed forces members in combat.
Contact a Milwaukee will lawyer to ensure that your will follows Wisconsin law.
Requirements
A will needs to fulfill several requirements to be proper and valid. Wisconsin law requires that the author of a will has the “capacity” to create a valid will. Capacity means that the testator (author of the will) must be 18 years old and must be of sound mind, understand what a will is, and cannot be coerced in any way.
The will cannot be handwritten or delivered orally. Instead, it must be typed and you must date and sign it when completed. According to Wisconsin law, at least two witnesses also must sign the will. The witnesses must be 18 and must be “disinterested”, meaning they cannot be beneficiaries or heirs named in the will. The witness can sign after witnessing the testator sign it or if they are not present to witness the signature, you can state to them that the signature is yours, and then the witnesses can sign it.
The State Bar of Wisconsin states that while it is legal to write your own will, they do not recommend it, “A will is an important document. You’ll want to be sure it correctly expresses your wishes and that it’s legally enforceable. A lawyer can give you advice about not only your will, but also other aspects of estate planning you might otherwise overlook”. A Milwaukee will lawyer will ensure that your estate plan accomplishes your goals and fulfills your needs in a valid will.
Challenging a Will
A will may be challenged if someone believes that all requirements were not fulfilled. A person may attempt to prove in court that the testator did not have the capacity to create a will: they were under duress or undue influence when making the will, they were incompetent or unable to understand the results of their will when writing it, or their will does not meet other requirements. For example, someone could write a will and have you sign it as the authenticator without fully understanding what you are signing off on, which creates issues in court.
By hiring a Milwaukee will lawyer, you can eliminate some of the possible challenges that may arise. Konstantakis Law Office provides “disinterested” witnesses to sign your will and provides essential legal advice to ensure that your will is valid and legal.
Contact a Milwaukee Will Lawyer
While it is legal to write your own will, you are putting yourself and your future wishes at risk because it may not be valid. A will is an essential document in your estate plan, and it is not worth the risk to write it yourself. Contact a Milwaukee will lawyer to ensure that your future is protected and your wishes are followed in a valid will.
