Wills form a critical part of estate planning in Milford, IA, ensuring that your money and possessions are distributed in accordance with your wishes. However, if your will doesn’t fulfill all legal requirements, it will be treated as invalid. If this happens, your estate may either be distributed according to an earlier will or will be subject to intestacy laws. Consulting a will attorney ensures that your wishes are properly documented and that the will is legally binding.
What Makes a Will Legally Binding Under Iowa Law?
Who Can Legally Make a Will in Iowa?
In Iowa, you must be at least 18 years old to create a legally binding will. This is important to ensure that the person making the will, known as the testator, fully understands the implications of their decisions and has legal capacity. This applies even if the individual is legally emancipated.
The testator must also be of sound mind when drafting the will. This means that they understand the decisions they are making and any applicable consequences. They must not be subject to coercion or be unduly influenced by others when making their will. This is why it’s advisable that the will is drafted with an attorney to demonstrate these conditions are fulfilled.
Are Oral Wills Valid?
Iowa does not recognize the legality of any wills that are not written. This means that oral, video, and digital wills are not currently accepted. The will can be handwritten or typed, but it must be clearly legible. For this reason, typed or printed wills are more common.
Does the Will Have to Be Witnessed?
All wills must be witnessed by two people to be legally binding. In some states, handwritten wills are accepted without any witnesses, but that’s not the case in Iowa. The witnesses must be aged at least 18 years, and of sound mind.
Theoretically, the beneficiaries can act as a witness, but it’s not advisable. This can lead to allegations of coercion or undue influence, which may be difficult to disprove. If the beneficiaries act as witnesses it won’t automatically invalidate the will, but it leaves the will vulnerable to legal challenges.
Do Iowa Wills Have to Be Signed?
The signature of the testator is a vital component of the will. If a will is not signed by the testator, it cannot be accepted as legally valid. The signature must take place in front of two witnesses. If the testator is not able to sign the will, they can direct another person to sign it on their behalf.
Hire a Will Attorney in Milford, IA
An attorney can help draft your will and ensure you comply with all legal requirements. They can also review the contents of the will to confirm there are no clauses that would be legally unenforceable. Having your will prepared by an attorney can also guard against future challenges or disputes, as their presence acts as independent verification that all conditions have been met.
With decades of experience in estate planning and elder law, we can help you draft your will and other documents. Contact us today at Pearson Bollman Law in West Des Moines, IA to schedule a consultation. We are proud to serve our local communities and have offices in West Des Moines, Cedar Rapids, Dubuque, Bettendorf, and Milford, IA, as well as Overland Park, KS.