How do you go about making a Will?

Asked on February 24, 2015 under Estate Planning, Montana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There are different types of wills.

A holographic will is one that is signed, dated and entirely in your handwriting.  It does not require any witnesses.

The traditional type of will requires that you demonstrate testamentary capacity, in other words that you have the intent to make this your will and that you are not under undue influence.  This type of will you need to sign in the presence of two disinterested witnesses who also sign.  It is advisable for you and the witnesses to sign in the presence of a notary.



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