Many people are delaying to make a testament, thinking that so they avoid or delay what is only inevitable in life, which is death. That is what awaits each of us, and no one knows when it can happen. It is desirable to settle some things for life, to leave as few property-legal problems to our heirs. Solving these problems is a need, and anyone with common sense will do this on time.
A will represents exactly the word describing it – complying with the last will of those who write this document to make certain things happen, divide, or do as they want, after their death. It is a legal act verified as a document drawn up in person, but it must be in a formal form.
Tips on putting your last wishes on paper, check on the link below:
The testators must personally make a will; that is, they cannot authorize a proxy for this purpose. It is the only legal work that cannot be done through an authorized representative. That reflects the strictly personal character of this document. Another feature is its revocation – the one who writes it can revoke it at any time, following the legal procedure.
‘I, Hereby Declare…’
The conditions that one has to fulfill to write a will are called testamentary capacity. They mean a certain age and a sound mind. While the years are relative from state to state, it is the state of the conscious that causes many of the wills to be revoked by those not listed as heirs or considered to be damaged.
Therefore, the legators should be lucid and conscious at the time of writing down the last will. Being in a good physical condition is desirable, but not always possible. Also, there should also be evidence that they didn’t do so in delusion, under pressure, or by blackmail.
In order to make everything legit, think of making a testament with the assistance of a lawyer who can prove that you wrote it freely. You can hire them as your legal representative for life, but also the executor of the will after death.
How and when the writing of the testament will happen, doesn’t depend on the material status of the testator. Wealthier people are more likely to do this legal action with the help of a lawyer, to secure their property on time. But also, ordinary workers can write a will in the presence of legal entities as soon as they get a testamentary capacity.
Make Will Legally Valid
The form in which someone can write the testament is free, but it should contain some crucial information. For example, the names of the heirs must be clearly spelled as well as which assets they’ll get. It is vital to write the quantity, that is, how you will divide the property, and in what proportion.
If a legator missed this information, that would lead to sequential procedures for proving inheritance rights (which you can read about here) and other complications that can only make everything harder. Although the law is relatively straightforward on these issues, the process itself can take a long time and be very exhausting.
When the property is clean, executing the will is fairly straightforward. However, it becomes difficult if the testator has outstanding debts. From the property stated in the document, the executor will take one part of the inheritance to settle these obligations.
Only after that, they can execute the last will of the one who named them. The heirs would not inherit the debt unless they agreed with a testator to do that after their death (of the testator). There should be some written proof of that arrangement.
Importance of Signature
There are situations when people do not have paper and a pen, and it is uncertain whether they will survive, like a shipwreck, war, car accident, etc. You can write your last will on a box of cigarettes or a piece of toilet paper using a piece of coal, for example. Things making it valid are your signature, which will be authenticated later, and, in some cases, a date.
You can use some online templates, which significantly reduce the cost of making a will. Writing a testimonial this way is also acceptable, but it’s not advisable to everyone. For example, business owners who want to leave a company to their children shouldn’t use this shortcut.
You should know that a handwritten testament is not valid everywhere. The general advice is to do so in the presence of a witness and with the help of an attorney. Not knowing the rules about writing a will can cause making mistakes in the form or content. If that happens, no court will accept this document.
If you want everything to happen within the law, you need witnesses. They don’t have to know what you wrote down there, but they must see the act of signing the paper. After that, they should assign the document themselves. It’s your free will whether you’ll show them the content of your testament or not. It’s not obligatory.
When writing a testament, keep in mind that you need a trusted person as executor to carry out your last wishes. Also, be aware that the first document you write doesn’t have to be the final version. After all, it’s your will, and you can change your mind many times before the time for the last goodbye comes. Still, don’t wait for the last moment to solve these critical things.