To
properly sign your will, you must first select a minimum of two
witnesses. Three witnesses must see you sign your will if you live in
Vermont. While only two witnesses are required in all other states,
it's best to use three, if possible. If for some reason a witness has
to be located after you die, there are better odds of finding one if
you started with three, rather than two. Your witnesses watch you sign
your will, and then sign their names below your signature. You must
do this correctly. Unless your will is properly witnessed, it won't
be valid.
The
witnesses must be competent adults (over age 18) who are not beneficiaries
under the Will. This is important because if you leave property to a
witness, that person may be disqualified as a witness or even disqualified
from inheriting that property. For these reasons, do not select your
spouse or any of your children as witnesses. If possible, the witnesses
should be people who will be easy to locate upon your death. This usually
means the witnesses are people who don't move around a lot and are younger
than you.
During
the execution of the Will, you, all witnesses, the notary public, and
the Will must at all times be present. No one should leave the room,
or be out of the sight or hearing of the others. The Will should never
be out of the sight of anyone. The proceedings should reflect the gravity
of making a will. When you're ready to sign your will, call your witnesses
together in one place. They need not read your will and you need not
read it to them. However, they must all be aware that you intend the
document to be your will. A simple statement to that effect will suffice,
i.e. "[T]his is my will and I want you to witness it."
When
signing, sign in ink in the same form of your name you used in your
will. For example, if you start your will with the name of John H. Smith,
sign your will the same way, not in another form, such as "JH Smith"
or "John Henry Smith." Once you've signed your will, ask your witnesses
to date and sign it in ink with their normal signatures and fill in
their names and addresses in the spaces indicated.
You
and the witnesses should read the Affidavit which follows the Will and
execute and swear to it before the notary public. Inspect the Will and
confirm that the date, signatures, and other blanks are properly inserted
and legible.
After
signing the Will:
Decide
where the original Will is to be kept and inform the executor of
the location. and deliver it (getting a receipt). Beware of storage
in a bank safety deposit box as some states require that they be
sealed upon death and retrieval of the Will documents could be difficult.
Generally, storage in a fireproof box or some other safe location
should be sufficient.
Be
sure to let the executor and any alternates know the location of
the Will. Remember that, should you desire to change your Will in
the future, a formal Codicil or new Will will have to be executed.
You should not write on or otherwise attempt to revise the Will.
Remember: Periodically review changes in your life and consider whether
you should change
your Will.
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