Can a signed rough draft of a Will stand as a final copy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a signed rough draft of a Will stand as a final copy?
Dad died after signing rough draft Will at his attorney’s office. Although he signed rough draft copy and not the final copy, will this stand as a legal will?
Asked on November 13, 2010 under Estate Planning, Arkansas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Sorry to hear about your Dad.
Since your Dad signed the rough draft Will, assuming that he was of sound mind and had the intent to make it his Will, this would establish testamentary capacity. He would have had to sign in the presence of the requisite number of witnesses and the witnesses would also have had to sign in order for the Will to be valid.
If the rough draft Will was signed, dated, and entirely in your Dad's handwriting, then he would not need witnesses for the Will to be valid.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.