Monthly Archives: October 2009

Last Will and Testament information

A will is a legal document in which a person gives his legal rights over his or her property or family to others. The will is made to make sure that everything goes well as you wanted things to happen after you die. While it may be quite difficult to think about something as far off as that, it is always a good idea to be prepared for the worst. If you are thinking of drafting a will, here are a few things to keep in mind

“Publication” of the will must be made. This basically means that the maker of the will must identify himself clearly and state that a will is being made by him. This is often taken care of by simply writing “last will and testament” on the first page.

The maker must revoke any previous wills if it has been made in the past. If this is not done, the previous wills can only be partially revoked at inconsistencies. The only way for the previous wills to be completely revoked in this case would be having the new will completely inconsistent with the old one.

The maker of the will should clearly mention in writing that he or she is willing and able to dispose of the property in question.

Finally, once the will is drafted, it must be signed and dated in the presence of disinterested witnesses. This means that the beneficiaries cannot be witnesses on the same will.

The signature must come at the very end of the will. Any text following the signature is considered void, and that will not be valid.

After the maker of the will has died, the legal process of settling the estate can be brought to the court in order to determine the validity of the will. An executor of the will is appointed in this process. Generally, the executor is appointed by the maker of the will and is supposed to take the document to the court and carry out the directions on the will. The executor should also take care of disbursing property to the beneficiaries, finding other potential heirs, collecting and arranging for the payment of estate debt, as well as several other duties that depend on the will.