Will and Testament

A will or testament is a legal declaration by which a person names one or more persons to manage his or her estate and provides for the transfer of his/her property at death. In the strictest sense, a "will" has been limited to real property while "testament" applies only to dispotions of personal property (thus giving rise to the popular title of the document as "Last Will and Testament") though this distinction is seldom observed today. A will may also create a testamentary trust that is effective only after the death of the testator.

There are certain requirements for the creation of a will, Some of the requirements include:

The testator should be over the age of 18 and of sound mind.

The testator must clearly identify him or herself as the maker of the will and that a will is being made.

The testator should declare the he or she revokes all previous wills and/or testaments.

The testator may demonstrate that he or she has the capacity to dispose of their property ("sound mind") and do so freely and willingly.

The testator must sign and date the will, usually in the presence of atleast two disinterested witnesses (persons who are not beneficiaries). Also, the signature must be placed at the end of the will otherwise any text following the signature will be ignored.

One or more beneficiaries must geberally be clearly stated in the text.

There is no legal requirements that a will be drawn up by a lawyer, but there are many pitfalls into which home-made wills can fall. The person who makes a will is not available to explain him or herself, or to correct any technical deficiency or error in expression, when it comes into effect on that person's death. After the testator died, a probate proceeding may be initiated in court to determine the validity of the will that the testator created. If the will is proved invalid in probate, then the inheritance will occur under the laws of intestacy as if a will were never drafted. This is why it is always best to have an attorney draft your will. It will help to ensure that your property will be distributed correctly. If you are considering having a Will and Testament created then call our office. We can help answer any questions you may have and help you through the technicality of creating a will to ensure your belongings are divided up correctly.