What Makes a Will a Binding Document?

A will is one of the most essential legal documents an individual can create during their lifetime. It's a tool for directing the distribution of assets, property, and personal belongings upon death.

However, not every will is automatically considered a binding or enforceable document. For a will to hold legal weight and be carried out as intended, it must adhere to certain legal principles and requirements. 

At Moore Legal, LLC, we know certain aspects of estate planning can be complicated. Here, we'll explore what our St. Louis, Missouri, clients need to know about what makes a will a binding document.

What Is the Purpose of a Will?

First, a will is a legal declaration in which a person (the testator) expresses their wishes regarding the distribution of their estate after their death. Its legal purpose in estate planning is to make sure that the deceased’s final wishes are followed and that their estate is managed in a manner consistent with their intentions.

A legally binding will is designed to make sure that the estate is distributed in accordance with the testator’s directions, minimizing disputes among family members and avoiding conflicts over asset distribution. It can also simplify the probate process, which is the court-supervised procedure for distributing a deceased person’s assets.

However, for a will to be binding and legally enforceable, certain formal requirements must be met. Speaking to an estate planning attorney can make this process easier.

What Makes a Will Legally Binding?

These requirements vary slightly depending on the jurisdiction, but there are common principles that apply in most legal systems. One of the most fundamental requirements for a will to be binding is that the testator must possess "testamentary capacity."

Testamentary Capacity

Testamentary capacity refers to the mental ability to understand the nature and consequences of making a will. This includes knowing the extent of one's estate, understanding the people or entities who are likely to inherit from the estate, and having the ability to make decisions about how the estate should be distributed.

To make sure that a person has the necessary mental capacity, they must not be suffering from a condition such as dementia, severe mental illness, or any other impairment that would prevent them from making informed decisions. 

If a will is challenged on the grounds of lack of capacity, evidence must be presented to prove that the testator lacked the mental ability to understand their actions at the time of making the will.

Voluntary Intent

A will must be made voluntarily and without undue influence or coercion. If someone is pressured or manipulated into making certain provisions in the will, such as leaving assets to a specific person against their wishes, the will may be considered invalid. 

The testator must freely express their intentions, and they must not be subjected to threats or duress.

Proof of voluntary intent can be a critical issue if someone contests the validity of a will, arguing that the testator was coerced or forced to make decisions they didn't truly want. Courts will look for evidence that the testator made the will of their own accord and not under external pressure.

Written Form

In most jurisdictions, a will must be in writing to be considered valid. Oral wills, also known as nuncupative wills, are generally not legally binding except in specific circumstances, such as when the testator is on their deathbed and unable to write. 

These types of wills are often subject to additional scrutiny due to their informal nature and the potential for fraud or misunderstanding.

Written wills can be handwritten, printed, or typed. However, there may be additional rules regarding the form and execution of the will. For example, some states or countries may require a specific format or language to make sure the will is clear and unambiguous.

Signature of the Testator

The testator must sign the will to confirm their intention that the document represents their final wishes. The signature is a key element that signifies the testator’s consent and approval of the will. If the testator is unable to sign due to illness, disability, or another reason, they may direct another person to sign on their behalf, but this must typically be witnessed.

The signature requirement is crucial because it serves as evidence that the testator was aware of and agreed to the contents of the will. A lack of signature may result in the will being deemed invalid. In addition to the signature of the testator, many legal systems require the presence of one or more witnesses when the will is signed. 

Witnesses

These witnesses must typically meet certain criteria, such as being of legal age (often 18 or older), being of sound mind, and not being beneficiaries under the will. The role of the witnesses is to confirm that the testator signed the will voluntarily and in their presence.

The number of witnesses required varies by jurisdiction, but two witnesses is a common standard. Both witnesses must sign the will, indicating that they observed the testator’s signature. The presence of these witnesses reduces the risk of fraud or disputes regarding the authenticity of the will.

Compliance With Local Laws

Each jurisdiction may have specific estate planning laws and requirements regarding the validity of a will. These laws can vary significantly, so it's important for the testator to make sure that their will complies with local legal standards in Missouri. For example, some jurisdictions may require the will to be notarized, while others may not.

Additionally, certain rules may apply to particular types of wills, such as holographic wills (handwritten by the testator without witnesses) or living wills (which deal with healthcare decisions). Each of these may have distinct rules about what makes the will valid.

Types of Wills and Their Legal Binding Effect

There are various types of wills in estate planning, and each may have different rules surrounding their validity. However, all types of wills must meet the basic legal requirements outlined above to be considered binding.

Attested Wills

Attested wills are the most common type of will. These are the formal, written documents that meet all legal requirements, including the testator’s signature and the presence of witnesses. 

Attested wills are typically drafted with the assistance of an estate planning attorney, helping to make sure that they comply with the relevant laws of the jurisdiction.

Holographic Wills

A holographic will is a will that's handwritten by the testator without any formal legal assistance or witnesses. In many jurisdictions, a holographic will can be legally binding if it's entirely written and signed by the testator, although this varies depending on local laws. 

In some places, holographic wills are only valid if they meet specific criteria, such as being dated or signed in a particular way.

While convenient for individuals who may not have access to legal assistance, holographic wills can be more prone to disputes over authenticity, clarity, or completeness.

Nuncupative (Oral) Wills

As mentioned earlier, nuncupative wills are oral declarations made by the testator, typically in the presence of witnesses. These wills are typically only valid in very specific circumstances, such as when the testator is terminally ill and unable to write down their will. 

Oral wills are often difficult to enforce due to the lack of written evidence, and they're generally only considered valid in limited cases, such as those outlined by statute.

Living Wills

A living will, sometimes known as an advance directive, is a document in which an individual outlines their healthcare preferences in the event that they become incapacitated and can't communicate their wishes. 

While not a will in the traditional sense (as it deals with healthcare decisions rather than estate distribution), a living will is still a legal document that must meet specific criteria in order to be binding.

A living will may require signatures from witnesses or a notary, depending on local regulations. It's binding to the extent that healthcare providers are obligated to follow the individual’s wishes regarding life-sustaining treatments or organ donation.

Although a will that meets the formal requirements is generally binding, it's still possible for individuals to contest its validity in court.

Contesting a Will

Contesting a will is a legal process that allows individuals to challenge the validity or terms of a will, often arising from disputes over its authenticity or the fairness of its provisions.

Common reasons for contesting a will include:

• Lack of testamentary capacity: The testator wasn't of sound mind when creating the will.

• Undue influence or coercion: The testator was pressured or manipulated into creating the will.

• Improper execution: The will didn't meet the legal requirements, such as being signed by the testator or witnessed properly.

• Fraud: The will was forged or altered after it was signed.

If a will is successfully contested, the court may invalidate it or replace it with a previous version, or it may apply intestate succession laws (distribution according to state law when no valid will exists). Once a will is considered binding, the appointed executor is responsible for administering the estate. 

Executors and Probate

This process involves gathering assets, paying debts and taxes, and distributing the remaining assets according to the testator’s wishes. If the will is contested, the probate court will typically oversee the process to make sure that the will is followed unless a valid reason is given to overturn it.

The probate process can be lengthy and costly, but a properly executed and legally binding will can streamline the process and provide clarity for all parties involved. This is where an estate planning attorney in St. Louis, Missouri, can be especially beneficial.

Contact an Estate Planning Attorney

If you're looking to create a will or to make your existing will legally binding, it's in your best interest to reach out to Attorney Ashley Moore at Moore Legal, LLC. We serve clients in St. Louis, St. Louis County, St. Charles County, and Jefferson County. Contact us today to schedule a consultation.