Wills

A last will and testament is one of the most important documents in an estate plan. It does far more than allow you to decide how your property is divided after you pass away, and it can even work with other parts of your estate plan to ensure your final wishes are respected.

Despite how powerful these estate planning tools can be, most Americans have never created one. According to a 2025 study, only 24 percent of adults in the country have a will in place. While most people understand that having a will is valuable, far too many put off creating one, assuming they have plenty of time.

The best way to protect your family is to act now. At Klenk Law, we can evaluate your situation and help you draft a will that fits your needs. Instead of going through life without a plan in place for the future, contact a Bucks County will attorney today.

Requirements for a Valid Will

Pennsylvania law establishes specific requirements that must be met for a will to be legally valid, which are set out in 20 Pa. Cons. Stat. § 2502, which governs the execution of wills. A valid will generally must meet the following requirements:

• Age. Pennsylvania law requires that the person creating the will be at least 18 years of age.
• Testamentary Capacity. The individual must understand the nature of creating a will, the assets they own, and the people who may reasonably expect to inherit from them.
• In writing. A valid Pennsylvania will must be written. Handwritten and typed wills may both be valid in some cases.
• Signature. The testator must sign at the end of the will. In certain circumstances, another person may sign on the testator’s behalf if directed to do so.
• Witnesses are recommended. Pennsylvania does not strictly require witnesses for a will to be valid, but they can help avoid disputes.

Even a small error could cause a will to be thrown out, sending your entire estate into chaos. You could prevent this unfortunate outcome by seeking help from a Bucks County will attorney.

Are Oral Wills Accepted in Bucks County?

Oral wills are generally not recognized under Pennsylvania law, even though other states allow them. This rule exists to prevent misunderstandings and fraud, which are much more likely when the terms of a will are not written down.

That means verbal statements made before death, even if heard by multiple people, typically cannot serve as a substitute for a written will. You could find yourself promising certain property to a friend or family member after you are gone, but they’ll likely be left out if you don’t update the will to reflect these intentions.

What Should a Will Include?

A well-drafted will typically contains several key components that guide the administration of the estate, including the following:

Appointment of an Executor

First and foremost, during probate, the court will appoint someone to serve as the executor. You have the right to name your executor in your will, and you can even have a backup if they refuse.
Identification of Beneficiaries

A will must clearly identify the individuals or organizations who will receive property from the estate. These beneficiaries may include family members, friends, charities, or other entities. When the terms of a will are vague, it might be challenging to identify all of them.

Distribution of Assets

The will should describe how assets will be distributed among beneficiaries. This may include real estate, bank accounts, personal property, or other valuables. Some wills also include instructions for distributing specific items with sentimental value.

Guardianship for Minor Children

Parents often use their wills to designate guardians for minor children. If both parents pass away, the court may consider the will when deciding who should care for the children. Although courts ultimately determine guardianship based on the child’s best interests, naming a preferred guardian in a will provides important guidance.

Residual Estate Clause

Many wills include a residuary clause, which addresses any property not specifically listed elsewhere in the document. Having this language in your will is important, as they keep any of your assets from falling through the cracks.

What Happens If a Will Isn’t Valid?

If a will does not meet Pennsylvania’s legal requirements, the court may declare it invalid. When that happens, the estate may be handled as if no will exists.

In those situations, Pennsylvania’s intestacy laws determine how property is distributed. Under intestacy laws, property typically passes to the closest relatives, such as a spouse, children, or parents. However, this distribution may not reflect the wishes of the person who passed away.

This can be unfortunate, as intestate succession rules may not yield an outcome that aligns with your final wishes. Only having a will gives you the power to determine how your property is divided.

Frequently Asked Questions

Do I need a lawyer to create a will in Pennsylvania?

You don’t have to hire an attorney to create a will, but making one on your own can be risky.

How often should I update my will?

You should update your will regularly, usually every three to five years. These updates should come sooner after major life changes, like a marriage or divorce.

Can a will be contested?

Yes, your beneficiaries or other interested parties could challenge your will if they believe it is invalid.

Learn How a Bucks County Will Attorney With Klenk Law Can Help

If you don’t have a will, there has never been a better time to get one. This is true whether you have substantial assets or simply want to have a say in who will be your child’s guardian if you die young. At Klenk Law, our attorneys can help you meet these goals. Contact us today for a private consultation with a Bucks County will attorney.