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Wills What Is a Will

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									A Will or Last Will and Testament is a legal document in the form of a
declaration which a person known as a testator will name one or two
people or a professional to manage their estate and distribute their
estate to named beneficiaries, after their death. If a person dies
without having made a Will, they would be subject to the intestacy rules.
Any person of sound mind and over the age of 18 can make a Will. It is
possible to draft it yourself, hire a professional Will writer or even
get advice from a solicitor. Requirements of a Will vary depending on the
jurisdiction that you live in, such as the law differs between England
and Wales and Scotland.


  The testator must clearly state themself as the maker of the Will and
should declare that they revoke all previous Wills and codicils (add on).
By doing this, any previously documents would be revoked. The testator
must then show that they have the mental capacity to dispose of their
estate and they are doing so willingly without force or restraint. The
testator must then sign and date the Will in the presence of two
witnesses who are not to benefit from it (therefore not beneficiaries).
You can have extra witnesses if there is a potential for some form of
conflict. If a witness is named as a beneficiary in the Will, they will
either (depending on the jurisdiction) be disallowed to receive under the
Will or it would invalid the status of them being a witness, consequently
invalidating the Will. The testators signature must be placed at the end
of the Will. If this is not done, any text that is written after the
signature will be ignored. The next provision is that one or more
beneficiaries must usually be mentioned in the text but again this would
depend on the jurisdiction the document is written for.      It is not
essential for a Will to be drafted by a lawyer or a professional Will
writer. However there could be potential problems that may occur if a
testator attempts to make a home-made Will. If the testator does go down
the route of drafting the Will themself, they will not have someone with
the legal expertise to help explain any of the provisions or correct any
technical deficiency or error in expression that is drafted by the Will.
This means that there can be quite a big chance of mistake if it has not
been looked over properly. A common mistake is when the execution of the
Will is carried out; a beneficiary is used as a witness. This again is
not allowed and that beneficiary would be disinherited from the Will.
I am a legal writer covering advice on topics of law, for further text
and similar works visit Wills or contact a solicitor today.       For more
legal advice and information, and for free legal resources I suggest you
visit lawontheweb.co.uk.


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