As discussed in our last few blogs, you must be at least 18 years old and comply with the statutory formalities established by the Minnesota Statutes to create a valid will. You can contact our office to discuss your estate planning goals. We can help you create a valid will pursuant to Minnesota’s probate laws.
To help you avoid future uncertainty regarding the validity of your will, your attorney may recommend the use a self-proving will. A self-proving will can help minimize the opportunity for future attempts to invalidate your will by your beneficiaries or others with legal standing to challenge it. By attaching a self-proving affidavit or acknowledgement, you and your witnesses must affirm under oath that you were of sound mind, at least 18 and possessed the mental capacity to draft a will. A self-proving affidavit gives a probate court proof that you possessed the legal capacity to create a legally binding will without requiring the testimony of both of your witnesses once your estate files your will for probate. A self-proving will is presumptive proof that you were legally and mentally capable of signing your will. Without a self-proving will, a Minnesota probate court will contact your witnesses to establish validity and authenticity.