There are certain legal requirements for executing a valid Will in Minnesota.
Your Will must be in writing, you must sign it in the presence of witnesses, and you must have testamentary capacity at the time you sign the document.
Executing a Will in Minnesota does not require a Notary Public. However, by
taking the additional step of making your Will self-proved (which does
require acknowledgement by a Notary), that helps establish that your Will was
properly executed, in the event it is contested in court.
To make a Will self-proved, you and two witnesses acknowledge that you
signed and executed the Will voluntarily, that you are at least 18 years of age, not under undue influence,
and of sound mind. This is documented in a self-proved affidavit attached to
your Will. You and the two witnesses sign the affidavit while in the presence
of one another, and those signatures must then be notarized.
Under Minnesota law, a properly executed self-proved Will is automatically
presumed by the probate court to be an authentic Will. That does not mean the
Will is completely immune to challenge. In fact, no Will is certain to be
air-tight. However, a self-proved Will is more difficult for an interested person to challenge in a Will contest. Since the proponent of a Will (usually
the personal representative) bears the burden of proof in court to show due
execution, having the Will self-proved adds evidentiary weight to defend it if contested.
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Crafting a Will that meets your wishes is an important tool to protect your assets for your loved ones. Talking to a qualified estate planning attorney is a great place to start.