Your Needs, Your Goals, Your Legacy

Will your will be accepted in Connecticut?

On Behalf of | May 18, 2023 | Estate Planning, Wills

A will is used to dictate who gets assets such as a home or car that is held inside of your estate. Connecticut law states that a will must be in writing, signed by the testator and also signed by two witnesses. The testator is the person who creates the document, and you can create a will at any time assuming that you are over the age of 18 and of sound mind.

Validity of handwritten wills

Generally speaking, a handwritten will is not valid in Connecticut unless it is signed by yourself and two witnesses. However, this doesn’t mean that your handwritten will won’t be accepted during probate. State law says that a will that was created in another state may be considered valid if it conformed to that jurisdiction’s laws. For instance, say you created a will while you were a resident of Texas. If Texas law says handwritten wills are valid there, a Connecticut probate judge may accept it as well.

Wills may be invalidated in other ways

A will may be invalidated by tearing it up during an estate planning session. You may also be able to revoke it by burning it or by creating a new document while of sound mind that conforms to state requirements. In some cases, certain sections of your will may be invalidated after a divorce.

Benefits of typing a will

Relying on a handwritten will may be less than ideal because there is a chance that it might be altered or destroyed without your knowledge or consent. For instance, a disgruntled spouse or child might erase language that gifts your home to a friend or charity. There is also a chance that lead or ink might smudge or fade over time if not stored properly.

If your will is invalidated for any reason, it may delay the process of settling your affairs. Proper estate planning advice may help to ensure that your will is structured properly and that your final wishes can be executed in a timely manner.