STATUTORY WILL
Back to GlossaryDefinition
A will meeting state statutes generally drawn up by an attorney and signed in the presence of witnesses.
Summary
A statutory will is a legally valid last will and testament that complies with all the formal requirements set by state law. Unlike holographic (handwritten) wills, statutory wills are typically prepared by attorneys and must follow strict procedural rules including being signed by the testator (person making the will) in front of witnesses who also sign the document. These formal requirements ensure the will's validity and reduce the likelihood of legal challenges after the testator's death.
Usage Context
Understanding statutory wills is crucial when studying estate planning, inheritance law, probate procedures, and the formal requirements for creating legally binding testamentary documents. This concept is essential for distinguishing between valid and invalid wills in legal practice.
Common Confusions
- Confusing statutory wills with living wills (which deal with medical decisions)
- Thinking all wills are automatically statutory wills
- Believing witness requirements are the same in all states
- Assuming handwritten wills can never be statutory wills
- Not understanding that statutory refers to meeting legal requirements, not government creation
