Another Estate Planning Lesson from Downton Abbey

/ January 8, 2014

We’re big fans of Downton Abbey (as is the rest of the world). Previously, we have covered the inheritance lessons learned during the first season of Downtown Abbey.

This past Sunday evening, Season 4 premiered on PBS. The framework of the episode centered around an estate planning issue: what makes for a valid Will? I won’t ruin the outcome for those of you have not yet watched the episode, but I will take this as an opportunity to reiterate what is needed to make a valid Will in Minnesota.

Will II - iStockMinnesota, like many states, has the following requirements for a valid Will. A Will must be:

  • For an individual 18 years of age or older who is of sound mind
  • In writing
  • Signed by the testator or in the testator’s name signed by another person at the testator’s direction and in the testator’s presence
  • Signed by two individuals each of whom signed within a reasonable time after witnessing either the signing of the Will or the testator’s acknowledgment of that signature or acknowledgment of the Will

That’s it. Those are the only requirements to have a valid Will in Minnesota. This means that Minnesota honors Holographic Wills, which is a Will that is entirely handwritten, as long as the requirements above are satisfied. And that means….the Will in question in Downton Abbey would be valid in Minnesota. What about in 1920s England? Well, watch the episode to find out.