Your will is the statement of your wishes on the distribution of your estate after your death. As such, proper preparation and attention to detail are necessary to avoid any disputes or challenges to its validity.
For a will to be legally valid and executable, there are several requirements that it must meet. These include the following.
The testator and witness signatures
For a will to be valid in Idaho, the testator must personally sign the will or direct another party to sign it on their behalf in their presence. This means that if the testator is physically unable to sign, they can instruct someone else to do so, but this must be done in the testator’s presence and with their explicit consent. The signing must be witnessed by at least two interested or disinterested witnesses, who also sign the will before both the testator and each other. This procedure ensures that the will accurately reflects the testator’s intentions and reduces the potential for disputes.
Age and soundness of mind
A testator must meet the legal requirements of being at least 18 years old and of sound mind. This means that the testator must have the mental acuity to understand the nature of their estate, the effect of their decisions and the implications of the will. Being of sound mind generally implies that the testator is capable of understanding their assets, their beneficiaries, and the distribution plan outlined in the will. This requirement helps ensure that the will is a true reflection of the testator’s intentions and minimizes the risk of it being challenged on grounds of mental incapacity.
Notary (for a self-proving will)
While Idaho does not necessarily require a notary for the will, you will need a notary if you want to create a self-proving will. A self-proving will is one that includes a notarized affidavit from the witnesses, which can streamline the probate process by providing prima facie evidence of the will’s validity.
Getting guidance and support from a legal professional will help you clearly understand the specific requirements and nuances of drafting a valid will.