Even a person with dementia or Alzheimer’s may be deemed to have a sound mind, if lucid at the moment of signing. More specifically, it means that at the time the will is made, you understand that you’re creating a will, the nature of the property you own, and to whom you’re leaving your property. This generally means that you’re aware of your actions when creating the will. You must be of “sound mind” to create a valid will.
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Unless Mary expressly indicated the letter was intended to be her will (and it met the other legal requirements of a will), the mere expression of her wishes doesn’t legally create a will. To illustrate: if Mary sends John a signed letter stating that she wants to leave all her property to him, after Mary dies John cannot rightfully claim that the letter was her last will. To satisfy this requirement, your will should include explicit language such as “This is my last will and testament.” This element is vital to avoid doubt or confusion as to the document’s purpose and your intentions. You must clearly express your intention to make a particular document function as your will. In special circumstances, such as when a minor has inherited or earned a large sum of money, the minor’s parents or guardians may petition a court to permit the child to create a will. Many states also allow legally emancipated minors and underage members of the military to make a last will and testament. Georgia and Louisiana permit 14- and 16-year olds, respectively, to create wills.
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In the majority of states, you must be at least 18 years old to create a legally binding will.