Requirements for Writing a Will

Anyone of legal age and sound mind can make a Will. Legal age varies by state:
  • In 48 states, a Will-maker must be at least 18 years of age.
  • In Louisiana, you can make a Will at 16
  • In Georgia, you can make a Will as early as 14
  • Many states make provisions allowing those younger than 18 to write a will if they are married, economically independent, or a member of the armed forces.

Mental competence is an essential factor in making sure your Will is legally binding. Being mentally competent means that you know you are executing a Will, and are familiar with your property as well as your family and descendants; the famous line from movies is “being of sound mind and body”.

Witnesses are also required to sign the Will, and one of their functions is to validate your mental well-being.If you anticipate that the Will might be contested based on mental incompetency, take extra steps like getting a doctor’s assessment at the time of the signing of the Will.


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Laws on this topic may vary from state to state. This content is not meant to provide you with complete information and it is not intended to be legal or tax advice. It is recommended that you consult with your own attorney, accountant or other advisor regarding your specific situation.