A will is an essential document in estate planning that allows you to describe how you want your assets and property to be distributed after you die. That’s not all it does, though; it’s an important part of end-of-life planning that can’t be ignored. Dying without a will can have a negative impact on one’s family and loved ones; as important as they are, however, there are several misconceptions about wills and what it takes to create one. If you have never created a will or are considering creating an estate plan, this is what you need to know about how to write a will in Missouri.
Missouri’s Requirements for Writing a Will
A will created in Missouri remains valid until you change it, so it’s important to consider how you want your assets to be distributed before beginning the process. Additionally, since different states have different requirements for creating a valid will, you should understand what you need in order to create a will in Missouri.
- The creator must be at least 18 years old and of sound mind
- The will must be in writing and signed by the testator (person creating the will) of the will or an assigned representative
- The will signing must be witnessed by two people
Does a Will in Missouri Need to be Signed by a Notary?
There are no requirements in Missouri for having a will notarized; however, there are a few types of wills that do need to be signed by a notary. For example, if you want a self-proving will, your signature must be acknowledged by a Missouri notary. Self-proving wills can be beneficial if you want to speed up the probate process because they don’t require the witnesses to be contacted before executing the will.
How to Change Your Will in Missouri
In Missouri, changing or canceling a will is a simple process. To cancel a will, the testator must simply destroy the original and all copies of the will. In order to update a will, you can simply create a new will, after which all prior wills are invalidated. All Missouri wills remain valid until canceled or executed. It’s a good idea to review your will every few years or after major life events such as marriage, divorce, or a significant change in assets.
Do I need a Lawyer to Create a Will in Missouri?
Although there is no law stating that you need the assistance of an attorney to create a valid will, it’s often recommended that you have your will reviewed by a Missouri estate planning attorney. An attorney who specializes in all aspects of estate planning can ensure that your will is legal, valid, up to date, and fully honors your wishes. He or she can also ensure that your will is less likely to be contested through careful wording and supporting documentation.
Remember that a will is only one aspect of a complete estate plan. Many people in Missouri make the mistake of neglecting other aspects of estate planning, such as trusts, powers of attorney, and more. At Mark Harford Law, we provide our legal expertise in all things estate planning to residents across Missouri. Contact us today to discuss your estate planning needs during a consultation with a member of our law team.