Some Requirements to Make Valid Will and Distribution of Property

By | October 15, 2021
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When you or your family members have assets, property, or even debts, you need someone who can take care of them when you or they die. This case includes Wills Law and whether you like it or not, you have to make a deal with your trusted Lawyer.

Everything about money, assets, and property can be a huge problem if you do not take care of it carefully, even when you die. You have to make sure that all of your assets, property, and money you have got from hard works are in the right hands. That is why you need the help of Wills attorney to guide you to do so.

What is a Will?

A will is a legal document that explains someone’s wishes who will take care of his or her children, assets, property, wealth, and debts after that person dies. A person who creates a Will is called the testator. When the Will is already made, it only can be abolished or revoked when the testator is alive.

Will Purposes

A Will plays an important role for the testator to decide who will be the best receiver of his wealth. Here are some of it:

  1. A Will allows the testator to choose his or her heir instead of The State Laws choosing the heirs. The State Laws of Descent and Distribution might choose the heir through blood relatives who are the testator dislike or unclose during his life.
  2. By having a will, the testator can choose his or her executor for his/her estate. Having a chosen executor allows the testator to distribute his/her wealth fairly rather than bequeathing the assets to a stranger.
  3. A will is also a lifeguard for a parent to choose the best guardian to take care of and raise their children after their death.

What Makes a Will Valid?

  1. Competent testator

Competent testator means that the testator is in legal age, above 18 years old, to create his or her own Will. The testator must be mentally competent. They are not having mental deficiency such as severe mental illness, under intoxicated or drugs, and also under someone’s pressure.

  1. Writing

The best Will is the written one even though it can be in any material device as long as it results in a permanent record. The written Will is usually called a holographic will, which will also be tested to make sure validation.

  1. Signature

A valid Will must be signed by the testator to indicate that the testator makes it by him or herself. The signature can be anything such as a checkmark, a zero, an X, or the name of the testator. Many states require the signature at the end of the Will as a closing.

  1. Witness

A valid Will requires some witnesses; can be two or three. That will be better if the testator can choose witnesses who are not interested in the assets or property the testator has. If they have some interests, the testify will be suspect.