Additional Considerations
There are additional considerations to keep in mind when creating a valid written will – other than basic requirements already mentioned.
First, there is no requirement for a date to be on a will, but every will should have a date. Without a date, witnesses would actually have to testify in court as to when the will was executed (i.e. created).
Second, sometimes a probate judge will dispense with or find that the will substantially complied with the formal requirements. Dispensing and substantial compliance are fancy words used when a judge finds that a will is valid, even if all the formal requirements have not been completely met. These situations are very fact specific and are based on each particular state’s case law. So, you don’t want a judge to have to rely on these legal methods for your will, because it is often very difficult to know what may be the end result.
Third, a will is not recorded or filed anywhere like with the deed to a house. Instead, it is best to place the original will in a safe location (like a safety deposit box at your bank) and make a few copies to place in another location for safe keeping. Also, make sure that the executor of your deed knows where the original and copies of your will are.
Finally, let’s conclude this article with a brief overview of a few key points.