General formal requirements for a valid will

A signed document is not automatically a valid will. Execution rules are state-specific, and mistakes can create uncertainty exactly when the family needs clear instructions. A financial planner should recognize the common elements and refer legal questions to an estate-planning attorney.

Common execution elements

• Testamentary capacity: the person must meet the jurisdiction's legal standard when signing.
• Testamentary intent: the document is intended to direct disposition at death, not merely record tentative wishes.
• Signature: the testator signs, or a permitted proxy signs under the statute's conditions.
• Witnesses: an attested will commonly requires witnesses who observe the signing or acknowledgment and sign in the required manner.
• Compliance with formalities: number of witnesses, presence, order of acts and self-proving affidavits depend on local law.

Why state law matters

States differ on holographic wills, remote or electronic execution, interested witnesses, harmless-error doctrines and which law governs a will executed elsewhere. A will valid where signed may raise a separate question when the person later moves or owns property in another jurisdiction. Do not assume that notarization alone substitutes for required witnesses.

Planner's practical role

Ask whether the client has a current will, when it was last reviewed, and whether major life events have occurred. Identify obvious coordination issues—such as outdated executors or beneficiary designations—and recommend review by qualified counsel. Do not draft clauses or declare a will legally valid unless authorized and competent to do so.

Execution checklist for a lawyer meeting

1. Confirm the client's domicile and relevant property jurisdictions.
2. Bring existing wills, codicils and trust documents.
3. Identify intended executor, guardians and beneficiaries, including contingent choices.
4. Ask counsel which signing formalities and witnesses are required, and whether a self-proving affidavit is advisable.
5. Store the executed original and tell appropriate people how it can be located.

What an execution review should cover

A traditional attested will typically requires testamentary capacity, testamentary intent, the testator’s signature, and witnesses who satisfy the state statute. The number of witnesses, whether they must sign in the testator’s presence, whether they must observe one another, and the effect of an interested witness vary by jurisdiction. A notarization may support a self-proving affidavit but does not necessarily replace statutory witnesses.

Electronic wills are recognized only where governing state law permits them and may require specific electronic signatures, witnessing, authentication, or storage procedures. A handwritten holographic will may be valid in some states if material portions or the signature meet statutory conditions, while other states do not accept it. Never assume that a document valid where signed will satisfy the law of the state where probate occurs.

A planner can help a client prepare for an attorney meeting by listing intended beneficiaries, fiduciaries, specific gifts, guardianship preferences, and recent life changes. The planner should not draft will language, supervise execution as if acting as counsel, or tell the client that a generic online form is valid. Refer the client to an attorney licensed in the relevant jurisdiction.

Check for consistency between the will and nonprobate transfers: beneficiary designations, jointly titled assets, payable-on-death accounts, trusts, and business agreements. A valid will controls only property it disposes of under local law. A perfectly executed will can still fail to achieve a client’s plan if the relevant asset passes by another instrument.

If a client signs while traveling or after moving, tell the attorney where the client is domiciled, where real property is located, and where probate may occur. Choice-of-law rules can matter. Keep the signed original securely stored and tell the executor where to find it; an unsigned draft or copy may create avoidable evidentiary problems.

The practical exam response is jurisdiction-first: identify the governing state law, distinguish capacity and intent from execution formalities, check witnesses and signatures, and avoid declaring a will valid based on a universal checklist.

Exam takeaway

Remember capacity, intent, signature and required witnesses—but apply the governing state's statute. A planner identifies the need for legal review; the attorney confirms execution requirements.