How to Make Sure Your Oregon Will Is Legally Valid

Creating a will is a crucial step in ensuring that your wishes are honored after your passing. In Oregon, specific legal requirements must be satisfied for your will to be deemed valid. Here’s how you can make sure your Oregon will is legally valid.

1. Age Requirements

In Oregon, you must be at least 18 years old to create a valid will. If you are younger than 18, you cannot execute a legally binding will unless you are an emancipated minor.

2. Testamentary Capacity

You must have the mental capacity to understand what you are doing when you create your will. This means you should comprehend the nature of your assets, the implications of bequeathing them, and the identity of the beneficiaries. If necessary, consult with a legal professional to confirm your testamentary capacity.

3. Written Document

Your will must be in writing. Oregon law does not recognize oral wills unless they are made according to specific rules for military personnel or during an emergency. Ensure that your will is typed or handwritten, as a verbal expression of your wishes will not suffice.

4. Signature Requirements

You must sign the will at the end of the document. If you are unable to sign your will yourself, you can direct another person to sign it in your presence. This act must be done with your consent and understanding of what is happening.

5. Witnesses

Oregon law requires that your will be witnessed by two people who are present at the same time. These witnesses must be at least 18 years old and of sound mind, and they cannot be beneficiaries of the will to avoid any conflicts of interest.

6. Holographic Wills

In Oregon, a holographic will—one that is handwritten and not formally witnessed—can be valid if it is signed and the material provisions are in the testator's handwriting. However, it is advisable to follow the traditional approach of having formal witnesses to ensure clarity and avoid disputes.

7. Notarization

Although notarizing your will is not required in Oregon, it can help establish the will's authenticity and may simplify the process for your estate's executor. Consider adding a notarization if you want an extra layer of protection, especially if your will is contested.

8. Regularly Update Your Will

Life circumstances change, and so should your will. Make sure to review and update your will regularly, especially after significant life events, such as marriage, divorce, the birth of a child, or major financial changes.

9. Store Your Will Safely

Once your will is created, store it in a secure location, such as a safe or a safety deposit box. Inform your executor and relevant family members of its location to avoid confusion during the probate process.

10. Seek Professional Assistance

Consulting with an estate planning attorney can help ensure that your will meets all legal requirements and aligns with your goals. An attorney can also provide guidance on how to navigate complex family situations or other unique circumstances.

By following these guidelines, you can ensure that your Oregon will is legally valid and reflective of your final wishes. Taking these steps not only brings peace of mind but also helps your loved ones during what can be an emotionally challenging time.