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Is your will valid under Minnesota Law? You should make certain

On Behalf of | May 16, 2024 | Estate Planning And Probate

A will is a vital estate planning document outlining your wishes for distributing assets to your loved ones. But if it does not comply with the wills laws in your region, it will do you little good.

Each state has its own rules for what makes a will valid. Below, you will learn more about ensuring your will and other documents align with Minnesota law, facilitating a smooth probate process and stress-free asset distribution.

What can invalidate a will?

Knowing about the pitfalls that can derail your end-of-life wishes can help you avoid veering off track. Here are some common culprits:

  • Improper will execution: Under state law, two impartial adults must witness you sign or acknowledge the will and then sign it themselves  
  • No written document: Unlike some states, Minnesota does not recognize handwritten (holographic) or oral (nuncupative) wills
  • Revocation, even accidentally: Destruction of a will, even by accident (home fire, etc.), may revoke the document 

Further, if someone can prove you lacked a sound mind or were coerced into your will provisions, a court may deem it invalid. 

How can you fortify your final will?

With a few steps, you can solidify your will, helping to ensure it cannot be challenged by family members acting out of concern. 

  • Get regular estate plan reviews and updates, including your will
  • Ensure secure storage of your estate documents and inform a trusted individual of its location
  • Add a letter of intent to your estate plan explaining your will 

Estate and will laws can change rapidly, often with no warning. Partnering with a legal representative helps ensure your estate plan can stand up to scrutiny or doubt.

 

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