Missouri’s Legal Requirements for Executing a Valid Will

Creating a valid will is an essential step in the estate planning process, ensuring that your wishes are respected after your passing. In Missouri, there are specific legal requirements that must be met for a will to be considered valid. Understanding these requirements will help you avoid complications in the future.

1. Age Requirement
In Missouri, the testator, or the person creating the will, must be at least 18 years old. Individuals under 18 are not legally permitted to create a will, except in certain situations such as being an active member of the armed forces.

2. Mental Competence
The testator must be of sound mind at the time of creating the will. This means they should have the mental capacity to understand the nature of the act of making a will, the extent of their property, and the identities of those who may inherit their estate.

3. Written Document
Missouri law requires that a will be in writing. This can be in the form of a typed document or handwritten (holographic), provided that the essential elements are met. Oral wills are not recognized in Missouri.

4. Signature Requirement
The will must be signed by the testator or, if the testator is unable to sign, by another person at their direction and in their presence. This signature at the end of the document is crucial as it signifies the testator’s intent to execute the will.

5. Witnesses
Missouri law mandates that a will be attested to by at least two witnesses. These witnesses must be at least 18 years old and competent to testify. It is important that witnesses are not beneficiaries of the will, as this could lead to the potential for conflicts of interest or issues with enforcement.

6. Notarization
While notarization is not required for a will to be valid in Missouri, having the will notarized can help streamline the probate process. A notarized will with an attached self-proving affidavit can simplify matters by allowing the court to accept the will without requiring witness testimony.

7. Revocation of Previous Wills
If the testator creates a new will, it should clearly indicate that it is intended to revoke any prior wills. This can be accomplished with a specific clause or by physically destroying previous versions. Clarity in the current will helps avoid confusion during probate.

8. Codicils
In Missouri, if a testator wants to make changes to an existing will, they can do so by creating a codicil. A codicil is a legal document that amends the original will, and it must also meet the same requirements for validity as a will, including being in writing, signed, and witnessed.

Understanding Missouri's legal requirements for executing a valid will ensures that your final wishes are honored and reduces the likelihood of disputes among heirs. If you are considering creating a will, it may be beneficial to consult with a qualified estate planning attorney who can provide guidance tailored to your individual circumstances.