Four Main Requirements for a Valid Will

 A will is one of the most formal legal documents that exists in the modern legal system. The will represents the wishes of a person who is no longer living. The law requires a great deal of formalities in order for it to be valid. The will has standards that it needs to follow for the drafting, execution, and finalization of the instrument. If the will does not adhere to the standards then it would not be valid. Any person that is named in the will, or any intestate heir of the decedent can challenge the validity of the instrument that is presented in the probate court.

There are four main requirements for a valid will:
1) Legal Capacity (18 in CA)
2) Testamentary Capacity
3) Testamentary Intent
4) Formalities

Ways To Acquire Legal Capacity

• Age (18 in CA)
• Marital status (No effect in CA)
• Military service (No effect in CA)

 Four Elements of Testamentary Capacity

1. Testator comprehends the action that is  being taken is testamentary in nature and understands its effect
2. Testator knows nature and extent of his or her property
3. Testator recognizes natural objects of his or her bounty
4. And Testator has all three elements simultaneously in mind long enough to make reasoned judgment.

 Testamentary Intent or Animus Testandi
 Intent that an instrument serve as a testator's will.  The Intent to create a will is free of mistake, fraud, undue influence, duress (menace), or insanity.

Formalities
The Purpose of a Formal Execution:

• Cautionary Function - It assures instrument is what testator actually wants versus what he is speculating he might want
• Evidentiary function - reliable evidence of testamentary intent
• Protective function - Formality affords protection from evildoers and plotters
• Channeling function - Assures testator that her bounty will will be channeled to the object of his affection