What makes a will valid or invalid?

One of the main problems w/ wills is that by the time the court decides yours is invalid, it's too late for you to do anything about it! So I want to make sure mine is right.

I've talked to lawyers and court clerks, and sometimes I get conflicting answers to my questions! So I'm not sure where to turn for help.

Can you please tell me:

- What kinds of things are likely to invalidate a will?

- If I have my will notarized by a North Carolina notary, will it be valid in Va.?

- One Web site I visited said that a will has to specifically mention the "residual estate." I asked a local deputy clerk about that and she'd never heard of it. Does that exact term have to be mentioned?

I live in Virginia.

Thank you very much for any help you can offer!!

Dear LF:

I can understand someone wanting to draft their own will. However, I strongly advise against it. Each state has their own peculiar laws about executing a will.

For example, in New York, their is a publication requirement. Not only must you have 2 witnesses to the will signing, but the testator must announce to the witnesses that they are witnessing a will execution, and I would like you to be my witnesses.

When an attorney drafts the will and performs a will execution ceremony it is infinitely more difficult for someone to contest the validity of the will later on.

However, if you plan to draft and execute your own will, be sure to conform with all of your state's will signing requirements. There should be books on the matter at a law library.

If you sign the will out of state, then have an out of state notary notarize the document. The residuary estate is the entire estate less any items that have been bequeathed by specific bequest in the will. You should have a residuary clause in your will.

Again, hire an attorney and you will feel better knowing it is done properly. It should not be very expensive.

Good luck.

Thanks for your reply!

Actually, when I revised my will a few years ago, I had a lawyer review it. He made some mistakes that made me nervous -- that's partly why I'm hesitant about using a lawyer.

I really appreciated the advice in your reply, such as clarifying what to say about the residual estate. I'll go to the library and check the specific state laws.

Thanks again!