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The Alabama Last Will and Testament is a legal document bound by Title 43 of the Alabama Code which dictates that any person over the age of 18 and "of sound mind" has the ability to create a last will and testament. To be enforced and recognized as valid, Alabama requires the Testator to sign the will in the presence of two (2) witnesses, who will also be signing the document. In Alabama, attesting witnesses are allowed to have an interest in the will. In other words, a person who signs as a witness may also be a beneficiary of the Testator's assets; a provision not allowed in every state. Sometimes a person may not have the time to create a last will and may opt for an oral will (called a Nuncupative), or a handwritten will (called a Holographic Will), however, these are generally not recognized in the state of Alabama. An Oral Will is only valid in Alabama if the individual is on their deathbed and they tell two or more witnesses what their last wishes are. Handwritten Wills will be accepted only if they are attested by two (2) witnesses.
Completing an Alabama Last Will and Testament is a fairly straightforward process. The Testator will begin the Will by stating their full name. After they declare their full name and address, they will go on to state their wishes. If they wish to leave their possessions to a person or multiple individuals, these details will be named in this section. Also, if the Testator has children that they will be leaving in the care of someone, this will be described here as well. Once all of the Testator's wishes have been clearly described, he or she will date and sign the agreement in front of two (2) witnesses. Once all parties sign the agreement, the document's validity will take place.