A will can only be valid if:
- Be at least 18 years old or legal age for the state or province you are living in or an emancipated minor.
- Know what a will is.
- Know that you are making a will.
- Understand the relationship between yourself and the people who care for you (i.e. immediate family members, including spouse and family).
- Expressly state that this document is your will.
- Sign and date the will.
- Signed ("attested") by at least two or three witnesses in order to validate it. The number of required witnesses depends on state or province law. It is recommended the witnesses not be related to you.
- A witness must be physically and mentally present at execution and able to give evidence of this.
- A witness does not have to see the person sign, or know the document is a Will.
- Both witnesses must be present at the same time.