How to Ensure Your Missouri Will is Legally Binding

How to Ensure Your Missouri Will is Legally Binding

Creating a legally binding will in Missouri is essential for ensuring that your final wishes are honored. Here are key steps to consider when drafting your will to comply with state laws.

1. Understand Missouri Will Requirements

In Missouri, a will must meet specific legal criteria to be considered valid. The testator, or the person creating the will, must be at least 18 years old and mentally competent. Additionally, the will must be in writing to be enforceable.

2. Choose the Right Type of Will

There are several types of wills recognized in Missouri, including:

  • Formal Will: This is a written document that is typically drafted with the assistance of an attorney and signed by the testator in the presence of at least two witnesses.
  • Holographic Will: A handwritten will that is signed by the testator. In Missouri, this type of will must be entirely in the testator's handwriting and does not require witnesses.
  • Pour-over Will: This type of will can work in conjunction with a living trust, directing that any assets not already included in the trust be transferred to it after the testator's death.

3. Sign and Date Your Will Properly

For a will to be legally binding in Missouri, it must be signed by the testator and dated. If you are using a formal will, you must also have it signed by at least two witnesses. These witnesses should not be beneficiaries of the will to avoid potential conflicts of interest.

4. Consider Notarization

While notarization is not a requirement for a will in Missouri, having your document notarized can provide an additional layer of protection. A notarized will may reduce the chances of disputes over the will's validity after the testator's passing.

5. Revise and Update As Needed

Your circumstances may change over time—such as marriage, divorce, or the birth of children. It's important to review and update your will regularly to reflect current wishes and family situations. Whenever you make changes, ensure that the new version meets all legal requirements.

6. Store Your Will Safely

Keep your will in a safe place where it can be easily accessed after your death. Common storage options include a safe deposit box, a fireproof safe at home, or with your attorney. Inform your executor and trusted family members about its location.

7. Consult an Estate Planning Attorney

If you have complex assets or specific wishes, consulting with an estate planning attorney can be beneficial. An attorney can help ensure that your will meets all legal standards and can provide guidance on minimizing taxes and avoiding probate disputes.

Conclusion

By following these steps, you can create a legally binding will in Missouri that accurately reflects your wishes and provides clear instructions for your loved ones. Proper planning can give you peace of mind knowing that your estate will be handled according to your wishes after you are gone.