The writing requirement for wills demands that a will be in writing, or in physical form, in order to be valid. The writing requirement is typically met as long as the will is written in some more or less permanent medium such as typed or handwritten. Furthermore, the testator usually does not need to write or type their will themselves, but rather can have the will drafted by a third party, typically an attorney.
Most states do not allow oral wills at all; however, some states, such as North Carolina have exceptions for the will writing requirement when the testator’s death is imminent and the testator has two witnesses present.
[Last updated in July of 2024 by the Wex Definitions Team]
- Keywords