The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Legal Definitions - wills: writing requirement

LSDefine

Definition of wills: writing requirement

The wills: writing requirement specifies that for a will to be legally valid and enforceable, its terms must be recorded in a tangible, enduring format. This means the instructions for distributing a person's assets after their death must be physically written down or inscribed onto a stable medium, rather than merely spoken. While paper is the most common material, the law allows for other permanent forms of recording the will's contents.

  • A Typed and Printed Document: Sarah meticulously typed her will on her computer, detailing her wishes for her estate. She then printed the document on standard paper, signed it in front of witnesses, and had it properly attested. This is the most common way the writing requirement is met, as the printed text on paper provides a clear, permanent record of her intentions.

  • A Handwritten Entry in a Durable Journal: Before embarking on a long journey, Mark, an avid diarist, wrote out his complete will in indelible ink within the pages of his sturdy, leather-bound journal. He signed and dated it, and had two friends sign as witnesses. Even though it wasn't a formal, typed document, the permanent ink on the durable pages of the journal satisfies the writing requirement because it creates a lasting record of his testamentary instructions.

  • An Inscription on a Metal Plaque: An eccentric artist, Eleanor, decided to have her will engraved onto a polished brass plaque, believing it would be a more lasting testament to her legacy. The detailed instructions for her estate's distribution were clearly etched into the metal. This unique approach fulfills the writing requirement because the will's contents are permanently inscribed on a durable medium, demonstrating that a will doesn't exclusively need to be on paper to be valid.

Simple Definition

The "writing requirement" for wills mandates that a will must be documented in a written format to be legally valid. This doesn't strictly mean paper; any more or less permanent medium capable of holding the written text will satisfy this requirement.

A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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