The maker or testator of a Will must be of sound mind and must have attained the age of majority according to the law of the concerned state or jurisdiction.
A Will must be in writing and duly signed according to law.
The testator must write his initials in front of at least 2 witnesses in the bottom right hand corner of each page of the Will except the last page. However, some jurisdictions like Vermont require minimum 3 witnesses to a Will. A witness must be at least 18 years of age. Each of the witnesses shall put his initials on each page of the Will next to the initials of the testator. The testator shall put the date of making the Will with his initials in the space provided in the last page of the Will followed by the initials of the witnesses there. Thereafter the maker of the Will shall put his/ her usual signature with a pen on the last page of the Will in the space above the word ‘ Testator’ or ‘ Testatrix’ on the last page. Then each of the witnesses shall in the presence of the executor of the Will write his name, address and occupation in the space provided at the end of the Will and then sign his normal signature.
The witness should not be the wife of the testator or a beneficiary under the Will as this could lead to invalidate any bequest to them under the Will. In case the testator wishes to give any gift to a witness he should make provision for such gift in a Codicil signed by witnesses other than any one he wishes to benefit.
If executors or trustees of any Will witness the same, they are not entitled to any fees for it.
In many states the witness has to sign a Self Proving Affidavit. The witness swears this affidavit regarding signing of the Will before a Notary Public or Commissioner of Affidavits. Therefore such witness need not later attend Court to testify that he had witnessed the signing of the Will.
Last but not the least; Will must be preserved in safe custody.
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