No one likes to think about what will happen after they’re gone, but writing a will is one of the most important things you can do for the people you care about. Without a valid will, Pennsylvania’s intestacy laws determine who inherits your property, and that may not reflect your wishes. Whether you have a modest estate or more complex assets, a properly drafted will helps ensure your loved ones are taken care of and your decisions are respected.
What Makes a Will Legally Valid in Pennsylvania?
Pennsylvania has explicit rules regarding what constitutes a legally binding will. Skipping even one step can lead to delays, court challenges, or the will being thrown out altogether. To be valid in Pennsylvania, a will must meet the following requirements:
- The person creating the will (called the testator) must be at least 18 years old.
- They must be of sound mind, meaning they understand what they’re doing.
- The will must be in writing (typed or handwritten).
- The testator must sign the will at the end of the process.
- While not required for validity, having two witnesses is strongly recommended, especially if the will may be subject to scrutiny later.
It’s worth noting that Pennsylvania does not formally recognize oral wills, even if made in front of others.
What Should You Include in Your Will?
Your will should be tailored to your personal and financial circumstances, but there are some key components every will should address:
- Appointment of an executor to carry out the terms of the will
- Distribution of assets, including personal property, financial accounts, and real estate
- Guardianship designations for any minor children
- Instructions for debts and taxes
- Charitable gifts, if desired
- Contingency plans if a named beneficiary passes away before you
Be as clear and specific as possible when describing who should receive what. Vague language can create confusion and open the door to disputes.
Common Mistakes That Could Invalidate or Undermine Your Will
Even with the best intentions, small missteps can lead to significant problems later. Here are some of the most common mistakes people make when drafting a will in Pennsylvania:
- Failing to sign the will properly
- Using outdated or unclear language
- Having witnesses who are also named beneficiaries
- Forgetting to revoke or destroy earlier versions
- Overlooking how jointly owned property or beneficiary designations affect your estate
- Attempting a DIY will without understanding legal requirements
- Not consulting an estate planning attorney, which can lead to costly errors or oversights
Taking the time to do it right the first time can save your loved ones significant stress and expense in the future.
When and How to Update Your Will
Life rarely stays the same, and your will shouldn’t either. It’s smart to review your will every few years or after significant events, such as:
- Getting married or divorced
- Having children or grandchildren
- Moving to a new state
- Acquiring or selling significant assets
- Losing a spouse or beneficiary
You can update your will with a legal amendment called a codicil, or by creating a new will that clearly revokes the old one. Either way, updates must follow the same legal requirements as your original will.
Guiding Wyomissing Residents on Wills, Trusts, and Estates
A will is a reflection of your intentions and a safeguard for your family. While it’s possible to draft one on your own, the risk of making a costly mistake is high. An experienced estate planning attorney can help ensure that your will meets all legal requirements, fits with the rest of your plan, and holds up in court if challenged. That’s where Kozloff Stoudt can assist you.
We work with individuals, families, and business owners to create will-based estate plans, as well as other essential planning documents: powers of attorney, advance healthcare directives, and trusts. When you partner with us, you can rest easy knowing that your assets and loved ones are secure. Contact us today to get started preparing your will.