Question

What are the main rules of writing a will? Check all that apply.

In most states, you must be eighteen or older.
The document must clearly state that it is your will.
A notary must be present during the writing of the will.
At least three people must witness the signing of the will.
A will must be written in sound judgement and mental capacity.
An executor must be named to oversee the distribution of the estate.

Answer 1

Correct answers: 1, 2, and 5.

- In most states, you must be eighteen or older. — True. Generally you must be 18 (or an emancipated minor) to make a valid will.
- The document must clearly state that it is your will. — True. A will must show testamentary intent (that it’s meant to be your last will and testament).
- A notary must be present during the writing of the will. — False. Notarization is often optional; some wills are notarized to make them “self‑proving,” but notarization is not required in most states.
- At least three people must witness the signing of the will. — False. Most states require two witnesses (some accept one or have other rules); three witnesses is not a general requirement.
- A will must be written in sound judgement and mental capacity. — True. The testator must have testamentary capacity (understand the nature and effect of the will).
- An executor must be named to oversee the distribution of the estate. — False as an absolute rule. Naming an executor is standard practice and recommended, but a will can be valid without one; if none is named, the court will appoint an administrator.

State rules vary, so consider checking local law or consulting an attorney for specifics.