Testator Requirements

• The testator must be at least 18 years old and mentally competent in order to create a will, as stated in Pennsylvania Consolidated Statutes, Title 20 section 2501. The will has to be a written document signed by the testator. If the testator cannot sign his name, he can mark the document in front of two witnesses. If the testator is not able to sign or mark the will, he can have another person write his name in his presence with his express consent. When the will is marked by the testator or if another person writes the testator's name, two witnesses need to be present and sign the will in front of the testator.
  
  

Construction of Will

• Wills should include information such as the name of the executor of the estate and the names of the people receiving various assets, including real property and monetary funds. The will can state in detail how the assets will be distributed. The will should also list alternative beneficiaries or heirs to the estate if the people originally designated are not able to receive the assets. Seeking the advice of a probate attorney can help ensure the terms in the document accurately reflect the testator's intentions and will not be misconstrued with any legal terms or interpretations used in Pennsylvania probate law.
  
  

Self-Proved Wills

• The testator should sign an acknowledgment and the witnesses should complete self-proving affidavits in the presence of a notary public to avoid issues regarding the validity of the will and its content. According to 20 Pa. Cons. Stat. §3132.1, acknowledgments and self-proving affidavits can also be completed in the presence of attorneys licensed in the state of Pennsylvania. The notarized affidavits should remain attached to the will.
  
  

Revocation or Modification of the Will

• Any pre-existing will can be modified or revoked at any time prior to the testator's death. The testator can change the terms of the will or make amendments by creating a codicil. A codicil is a legal document that permits the testator to make certain changes to the will. The testator can also destroy or revoke the entire will. According to 20 Pa. Cons. Stat. §2505, someone else can revoke the will if it is done with the consent of the testator and in his presence. When someone else destroys the will, two witnesses must complete an oath stating the person's actions were in compliance with the testator's intentions.