Is a free “last Will and testament” completed from a form via from the computer legal?
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Is a free “last Will and testament” completed from a form via from the computer legal?
Asked on June 7, 2012 under Estate Planning, Pennsylvania
Answers:
Bradley Boyum / Boyum Law Firm
Answered 12 years ago | Contributor
Under Nebraska Probate law, it is more than likely legal. The real question is, does the Last Will form accomplish the person's goals. By definition, forms are very general and in my experience people have very specific ideas what they want done with their property. That being said, the information below should help you find the answer to your question.
In Nebraska there are some basic criteria to prove that the Last Will & Testatment is valid and they don't have anything to do with whether or not the will was a free form downloaded from the internet.
First, any person who is at least 18 years of age or not a minor and of sound mind can make a will. The state assumes that a person fitting that description is capable of making their own decisions regarding distribution of their property.
Second, the will must executed properly. Assuming the will is not a holographic (handwritten) will, it must be signed by the testator and 2 witnesses. At least one of those witnesses should be disinterested. Meaning they should be set to receive a distribution from the will.
I also have the testator and the witnesses sign an affidavit stating that the testator signed the will voluntarily and to everyone's best knowledge the testator meets the criteria listed above.
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