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Anyone of legal age and sound mind can make a last will and testament. 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 last 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 last 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 last 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 last will.

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This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

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