Wills and Inheritance

There are over 6 billion people on this planet but not every person gets around to creating a will. A will is possibly one of the most important legal documents a person can have during their lifetime and knowing how to write a will is one of the most important pieces of knowledge a person could have. A will states a person’s preference as to how their estate will be handled once they pass away. The burden of taxes is avoided when a will is in place and money and property is transferred from the estate of the deceased to the heirs quite simply. It is estimated that nearly 70 percent of Americans do not have a will in place in the event of their death even though wills are the best way to make sure that a person will receive their proper inheritance upon the death of a loved one.

Requirements for a Will

A handful of requirements must be adhered to while attempting to create a last will, which is different than a living will. One of those requirements is that the person is an adult of sound mind. This means that the person must be 18 years of age or older and must be able to understand what the document means and what the purpose of the document is. Another requirement that must be met is that the will is written, preferably typed, and be signed by the testator. The testator is the person creating the will. If the testator cannot physically sign their own will, they must designate another person to sign the will for them in the presence of a witness. The signature must also be notarized. Any changes that need to be made can be done via an amendment and a will can be revoked when a new one is written.

Legal Issues

There are plenty of legal issues that can arise when putting together a simple will but one of the most common of these issues is a will contest. A will contest occurs when a formal objection is raised against a will’s validity. A contest occurs when it is believed that the will does not represent the actual wishes of the testator. Will contests regularly focus on the fact that the testator lacked the sound mind to create their will, that the testator created their will under an insane delusion, and that the testator was subject to undue influence or fraud.

Obtaining Legal Help

If you or a loved one does not have a will but is considering creating one, contact a wills and inheritance attorney immediately for expert legal counsel regarding your situation. The attorney will be able to answer all of your questions, help you draft the will, help you determine what property to place in the will, which relatives to leave money or property to in the will and much more. The attorney, once the will is complete, will have it signed and notarized in front of a witness. If you wish to amend your will or write a completely new will, the wills and inheritance attorney can also help with these processes.