How do I know if my grandpa’s Will valid?
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How do I know if my grandpa’s Will valid?
My grandfather passed away last month. In his Will, all his personal property was left to me and I was designated as his Personal Representative. My uncle, his son, is contesting that the Will is not valid. What specifically does a Will need to have in order to be valid?
Asked on January 22, 2019 under Estate Planning, New Mexico
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
To be valid:
1) Your grandfather must have been mentally competent when making it.
2) Your grandfather must not have been subject to coercion, duress, or other illegal or clearly improper pressure (e.g. sometimes called "undue influence") when making it.
3) It must have been signed by him in front of two witnesses, who then each sign in front of each other.
It does not have to be notarized I(though notarization speeds up and simplifies probating it). If 1) to 3) above are met, it should be valid.
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