Legal Will Documentation |
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By: John Kessel Posted: 2008-07-17 04:51:17 |
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It is always a good idea to have a Will. Will is a legal document that lets us decide how our property and estate has to be distributed after our death. No one is ever aware as to when death will occur and it makes perfect sense to be well prepared. We might not be quite rich, yet we would definitely have personal preferences as to who are the people that must receive our personal belongings. By definition in the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his or her property or family after death.The actual will can have all details and instructions of how exactly our family members should proceed. A will makes everything clear and one does not have to get the special service from any law professional. If in any doubt about how to get a Will documented, it is best to consult professional legal documentation service providers. Such experts can help us in letting others know details regarding funeral arrangements, advice on appointing guardians for children, protecting loved ones etc.Who is the eligible person for writing a will? Well any person over the age of majority can draft their own will without the aid of an attorney. The age of majority is the threshold of adulthood as it is conceptualized in law. It is mandatory that the following points should be included in a Will.
# The testator must clearly identify himself as the maker of the will, and that a will is being made; this is commonly called "publication" of the will, and is typically satisfied by the words "last will and testament" on the face of the document. # The testator must declare that he revokes all previously-made wills and codicils. Otherwise, a subsequently-made will revokes earlier wills and codicils only to the extent that they are inconsistent. However, if a subsequent will is completely inconsistent with an earlier one, that earlier will be considered completely revoked by implication. # The testator must demonstrate that he has the capacity to dispose of his property, and does so freely and willingly. # The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries). In some jurisdictions, for example Kentucky,[1] the spouse of a beneficiary is also considered an interested witness. In the USA, Pennsylvania is the only state which does not require the signing of the will be witnessed. # The testator's signature must be placed at the end of the will. If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator's intentionsThe author of this article is John Kessel of Managed Outsource Solutions, a US based company that offers legal outsourcing services in Legal Outsourcing, Legal Transcription for clients across the US. |
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