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What Makes A Wills Valid?

A will is a legal document that sets your wishes for what you want to do with your property that has occurred since your demise. Ensuring that your Wills is well structured is very important to be clear and up-to-date; as it will be more likely that your assets will go to the people you want them to. Most people know something about what they want to do with their property once it is passed. Whether you decide to leave your property to your children or your favorite charity, it is important that you make sure that the Wills you make is valid so that the benefit you wish to make will actually happen.

Why Should I Make A Wills?

We understand that Making A Wills to make a person can be a very difficult document. However, it is a good idea to make a will for a few reasons:

  • To express your desire and intention for what you want to do with your property once it is passed;
  • To adequately provide for those you care about, especially when considering mixed families or others who wish to inherit from you;
  • To reduce the likelihood of a dispute arising; and
  • To avoid the delay and cost of administering an asset (also known as a dying intestine) when passing without a valid will.

Making A Wills

Legal Requirements for Wills

Will must be considered valid:

  • In writing;
  • Signed on every page of the will by the testator (or someone instructed by the will to sign on their behalf in their presence if they are physically unable to sign it themselves); and
  • A witness testator signs the document by at least two people at the same time. Witnesses must sign each page of the Wills to confirm that they were present and that the witness is.

However, there are also requirements regarding two witnesses. Unless certain special circumstances apply, witnesses cannot be listed as a beneficiary under a will and cannot be a person who is unable to see.

Ability and Intention

If you are a person who wants to make a new Wills, then you must have the legal capacity to do so. This means that you must have the ability to decide for yourself and you will be able to demonstrate that you understand the nature and consequences of your decisions.

You must be over 18 years of age or if you are a minor, court approval will have to be taken to make a Wills.

When it comes to signing a will, it should also be clear that you know what you are signing, that it was your intention to make the will, and when you were making your will to Making A Wills, there was no effect on you then Divided in a certain way.

Draft Issues

While it may seem fairly easy to make a valid Wills without seeing an attorney practicing in the field, some of your elements will have to be written in such a way that they reflect your intentions.

If a Wills is not drafted correctly, what you intend to happen or who you intend to take advantage of may not happen at all. Talking to a professional will give you the benefit of experience and ensure that it is prepared correctly and you are allowed to get a will to reflect your individual needs and circumstances.

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