Transfer of the Family Farm by Will

Abstract

A will is a written document telling how the maker of the will (called the “testator”) wants his property divided upon his death. Certain formalities must be complied with to make the document effective as a will.¹ They will be discussed later. Each state has a statute that regulates the making of wills. Most of these statutes fix a minimum age of 21 years. There is, of course, no maximum age. Married women under 21 can make valid wills in twelve states (Alabama, Arizona, Iowa, Maine, Maryland, Massachusetts, Nebraska, New Hampshire, Texas, Vermont, Washington and Wisconsin). In Washington and Wisconsin minors in the armed services are permitted by law to make wills. In addition, every state has certain requirements concerning the number of witnesses necessary for a legal will. In the majority of states two persons are needed as witnesses; in a few states three are needed. Table 9 on the facing page presents a state-by-state summary of formalities for wills.