People in Colorado Springs may have seen scenes in movies or on television where a dying person makes a will, often with the phrase, “I, being of sound mind and body …” However, these portrayals of executing a will aren’t always accurate. First, an adult of any age who is in good health can execute a will — they need not be elderly or at death’s door. Second, certain legal formalities must be followed in order for a will to be made legally sound and enforceable.
First, it is important to understand who can execute a will. To execute a will, a person must be at least 18-years-old. They must be of sound mind. They must know the extent of the assets they possess. They also need to know who their immediate relatives are. Finally, they must be able to decide who they want to pass their estate on to.
Wills in Colorado can by “holographic” (that is, handwritten), or they may be typed. They must contain the signature of the testator (or be signed at the direction of the testator) and they must include the date the will was signed. There must be two uninterested witnesses to the signing of the will or the will must be notarized. Keep in mind that poorly drafted wills or holographic wills can be found vague or in other ways defective. This could lead to costly and time-consuming litigation.
As this shows, it is very important that those who execute a will follow the necessary formalities for doing so. For this reason, a person wishing to execute a will may want to seek professional legal guidance, as drafting a solid, enforceable will can take special skills. Having a will is very important, but, if that will is found invalid, then it will not accomplish what the testator wants. Thus, it is essential that one’s will is properly drafted and executed, so that the testator’s wishes are fulfilled.