Making a Will is easy.  Doing it right takes planning.

In Pennsylvania making a Will is not complicated. There are only a few techincal requirements. But, having a valid Will and having a Will that works for you and your family are not the same thing.  Many valid Wills (particularly the do-it-yourself kind) create more problems then they solve.  Working with an estate planning attorney is the best way for you to make sure your Will is valid, it actually does what you want it to, and that it works with the rest of your estate plan.

Here are the basic requirements of a Will in Pennsylvania:

1) A Will must be in writing.

You can’t make a video or audio Will. Also, it is generally considered a bad idea to record the signing or reading of a Will. While people think it will make their intentions clear it often has the opposite effect, and in some instances may lead to a disgruntled beneficiary raising questions about capacity or undue influence.

2) A Will must be Testamentary in nature.

Obviously not every written document is a Will. A Will must dispose of your property, and should generally be titled Will or Last Will and Testament.

3) A Will must be signed at the end by the Testator (person making the Will).

All of the terms above the signature are part of the Will. But, if terms are written below the signature those terms are not part of the Will and will not be enforced.

4) Witnessed by two people (well not really, but it is highly recommended).

Technically, there is no requirement in Pennsylvania that a Will be witnessed. However, without witnesses probating the Will becomes more difficult, because the Register of Wills must then hold a hearing where people familiar with the Testator’s signature will have to appear and testify. Therefore, it is highly recommended that people have at least two uninterested persons witness the signing of their Wills.  It is also advisable to have the witnesses execute (sign) what is known as a self-proving affidavit, so that the witnesses don't have to appear before the Register of Wills in order to probate the Will.

Also, if a person lacks the physical ability to sign for him or herself, a Will can be signed by the Testator’s mark, or at the Testator’s direction another person. But, both of these alternative signature methods require two witnesses in order to be valid.

Even if you have a valid Will there are no assurances that it does what you want it to.  Many valid Wills create problems because:

- they fail to dispose all of the Testator's property,

- they do not account for the possiblity that a beneficiary may die prematurely,

- they lack trust mechanisms for minor or incapacitated beneficiaries,

- they give away property the Testator no longer owns,

- or they do not give suffcient authority and discretion to the Executor requiring the Executor to obtain court approval for certain decisions.   

This is just a few of the many ways that a valid Will can create problems during the admininstration of an estate.  Working with an estate planning attorney to make sure your Will contains the right terms and provisions, that it works with the rest of your estate plan to meet your goals, and allows the Executor to admininstrate your estate in the most efficient way possible is a wise investment for you and your family.