Who May Make a Will?

In order to make a valid will, you must be: over 18, and of sound mind. An individual is NOT of sound mind to make a will if:

  1. The individual does not have the mental capacity to: understand the nature of the testamentary act (i.e. you must know what a will is and what it is for),understand and recollect the nature and situation of the individual’s property, or remember and understand the individual’s relations to living descendents, spouse, and parents, and whose interests are affected by the will.
  2. The individual suffers from a mental disorder with symptoms including delusions or hallucinations and these delusions or hallucinations result in the individual giving away property which the individual would not ordinarily have done.