A legalized will is vital so as the making and writing of the will. History has made us understand why there is a need to write a will while you are still alive. Because when you die, you can't take any of your stuff with you to heaven. Writing a legalized will is the only way to reciprocate the love that has been shown to you when you are alive and after your demise.
A well drafted and written legal will makes a provision for you to specify, how exactly you want your properties to be distributed among your loved ones. Who you want to watch over your estate, who you want to take care of your children (if any) and who should oversee the administration of all your estates or assets.
Rules from making a legalized will differ from state to state, yet some keynotes must not be omitted in a legalized will.
A will can only be valid if it meets the following requirements. Note if the will doesn't fulfill all these requirements then the will is invalid.
1. Intent
He or she can decide to change the mind towards writing a will, even at the point of signing the will.
2. Proper Disposal of Property
The will must include the listings of all the testator properties no matter how small or big they are. The will must dispose of all the testator properties amongst friends and family in the proportion he or she wishes.
3. Legal Age
For a person to write a will, the individual must have reached the legal age. Eighteen years or older is considered to be the legal age in most states in the United state, members of the military are believed to have reached the legal age before being enrolled into the force, so it can also be used to determine the legal age. Legal marriage is also considered as a determinant for legal age.
4. Voluntary
The testator should willingly enter and sign the will without being placed under duress. If there is any claim that the testator was coerced or forced to sign the will, then the will is considered to be invalid.
5. Testamentary Capacity
Most state in the United state, allows the testamentary capacity if you are believed to be in the right state of mind. This translates that the testator should know that he or she is making a will and the effect of the will after his or her demise, understand that he or she is sharing all his or her properties after his or her death, realizes that all that he or she has said can only be changed while they are alive and still in the right state of mind.
6. It Must Be Signed, Dated and Witnessed By Unbeneficial witnesses
A testator can wished for his or her will to be written in a small piece of paper, or typed in long pages. Depending on the number of properties and the preference of the testator. What makes the will valid is that it must be signed and dated by the testator, with two disinterested witnesses. Disinterested witness simply means those that will not benefit from the will personally.
It is very crucial and essential to appoint a trusted legal guardian to look after your minor children after your demise. You should also look out for a trusted executor that will help you to over important matters.
There are numerous formats to making a legalized will. You can check the estate planning law of the state you reside.
If you are in doubt if your will is valid or invalid, Call an Attorney for Help
It is also important to seek the advice of an estate planning attorney in your state, to know if your will is valid or invalid.
It is imperative to write a valid will before your demise, to appreciate your family and friends. It is also a way of supporting them with your properties as you will not need them again after your demise. A valid will keeps your legacy running and keeps your thought in the hearts of your friends and family forever.
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