A Closer Look

• There is an age requirement to make a will. Alabama Code 1975 § 43-8-130 provides that,"Any person 18 or more years of age who is of sound mind may make a will."

• A will must be in writing and properly signed and properly witnessed. A person making a will must sign the will in the presence of at least two witnesses, who must also sign the will as witnesses. A person who cannot sign their own name can direct another person who is present to sign for them. A person who makes a will is known as a testator (or testatrix). Alabama Code 1975 § 43-8-131 provides that, "...every will shall be in writing signed by the testator or in the testator's name by some other person in the testator's presence and by his direction, and shall be signed by at least two persons each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will."

• If a person makes a will and later is divorced or gets an annulment, watch out. The divorce or annulment will act to revoke any disposition of property to the former spouse. Other rights of a former spouse are revoked as well. Alabama Code § 43-8-137, addresses this situation. The statue does provide specifically that a separation agreement or decree of separation which does not terminate the status of husband and wife, does not act to revoke a will.