- A last will and testament serves a specific purpose: to express a person's desires about how she wants her property handled after she dies. The requirements of what constitute a valid will differ among states, but in general the person making the will, known as a testator, has to make it in writing, though some states allow for oral wills in some situations. A testator must be of sound mind and able to make decisions, and must generally be at least 18 years old.
- The testator has to sign his own will. If the testator is not physically able to sign the document herself, she can have someone else sign it for her. In general a testator must also have two competent people sign as witnesses, though a testator who writes the entire will in his own handwriting does not have to have it witnessed. Beneficiaries, those receiving property through the will, do not have to sign the document, and the testator does not have to notify the beneficiaries that they stand to inherit.
- When a testator makes a will and has it witnessed, whether a beneficiary can act as a witness differs depending on the state. Some states have laws that address interested witnesses, meaning beneficiaries who act as a witnesses for a will. For example, Iowa states that a beneficiary who acts as one of the two witnesses required for a will may have to forfeit some or his inheritance unless there are at least two other competent witnesses who sign the will. Generally, a beneficiary signing as a witness does not invalidate or override a will.
- While a beneficiary doesn't have to sign a will to make it valid, a beneficiary is under no obligation to accept an inheritance either. A beneficiary can use a disclaimer to refuse to accept an inheritance if she doesn't want it. In general, a beneficiary must make a disclaimer in writing and sign it. The disclaimer doesn't invalidate the will, it just means the beneficiary rejects the gift and the property will pass to someone else.
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