2. .
A will is the legal instrument that permits a person, the testator, to make
decisions on how his estate will be managed and distributed after his death. A
document in which a person specifies the method to be applied in the
management and distribution of his estate after his death.
Any 'Will' which is made by a person of age of majority (i.e.18years or
more), the person is of fit mental status.(i.e. is not suffering from any mental
illness (should be medically examined & certified about fit mental condition by
a qualified medical practitioner/doctor at the time of making the ‘Will’),
3. Will
The 'Will' should be written , mention full details of the Testator ,
signed (or having the thumb/fingers impression in case if illiterate
person making it but is aware of the full contents of the 'Will') &
witnessed by one or more adult person in whose presence the 'Will' is
signed by its Testator & who sign it in presence of the Testator.
There are Tree types of Will
Holographic Wills
Nuncupative Wills
Soldiers' and Sailors' Will
4. Cont...
If a person does not leave a will, or the will is declared invalid, the person will have
died intestate, resulting in the distribution of the estate according to the laws
of Descent and Distribution of the state in which the person resided. Because of the
importance of a will, the law requires it to have certain elements to be valid. Apart
from these elements, a will may be ruled invalid if the testator made the will as the
result of UNDUE INFLUENCE, FRAUD, or mistake.
5.
6. Execution of Wills
Every state has statutes prescribing the formalities to be observed in
making a valid will. The requirements relate to the writing, signing,
witnessing, or attestation of the will in addition to its publication.
Writing
Wills usually must be in writing but can be in any language and inscribed
with any material or device on any substance that results in a
permanent record. Generally, most wills are printed on paper to
satisfy this requirement
Signature
A will must be signed by the testator. Any mark, such as an X, a zero, a
check mark, or a name intended by a competent testator to be his
signature to authenticate the will, is a valid signing.
7. Cont….
Witness
There Must be two witness neither of them can be beneficiary under the Will, nor
the husband or wife of beneficiary.
Preparation
Ensure that writing materials are in the room where signing is to take place; and
make sure also that there is no reason why the Testator or either of the two
witnesses has to leave the room before the signing is completed. The three of them
must stay there together all the time, and each must see the other two sign. IT IS
NECESSARY FOR EACH OF THE WITNESSES AND YOURSELF TO USE THE SAME PEN
Attestation
An attestation clause is a certificate signed by the witnesses to a will reciting
performance of the formalities of execution that the witnesses observed. It usually
is not required for a will to be valid, but in some states it is evidence that the
statements made in the attestation are true.
