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Last Will And Testament: What Is It?

A last will and testament is a legal document that details how a person’s assets and properties will be distributed after their death.  This legal document can also detail custody and guardianship details for the surviving children if necessary.  Since today’s world also has many technological aspects, digital assets can now also be included in a last will and testament.

When completing a last will and testament, you will need to have a clear idea about what you want to happen to your financial and real estate assets.  You should have personal information for the party’s that will be receiving these assets in the event of your death.  If you have the information you need, you can create a will without the assistance of a lawyer.  

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What Is A Last Will And Testament?


what is a last will and testament A last will and testament is not the most cheerful document, but it is the key to ensuring your property is handled properly following your death. It may seem macabre, but in truth it ts never too soon to draw one up Picture this – you die unexpectedly in a car crash. You have no will. Your loved ones, in addition to the pain and sadness of losing you, must now handle the confusion of divvying up your assets. This is, to put it lightly, far from the ideal situation for anyone.

If you have any solid last wishes, it’s best to put them in official writing as soon as possible, just to be on the safe side. So, let’s talk about what goes into a last will and testament form.

In order to perform its legal function, a last will and testament template must have the following properties –

·         It must identify the “testator” (ther person who is creating the will) and clearly state that the testator is of sound mind and making the enclosed declarations of his or her own free will.

·         It must clearly name all beneficiaries and describe each bequest in detail. The level of detail required depends upon the nature of the bequest. For example, if a beneficiary is receiving a property, the will must contain the

·         It must contain a statement declaring its supremacy over all other wills and codicils.

·         You and two or more witnesses must sign and date the document. Some states also required the signature of a notary public, so you’ll want to check your state’s official website for regulations. Your witnesses must be “disinterested” witnesses, meaning they are not beneficiaries of your will. These signatures MUST appear at the end of the document; by law, any text that follows the signatures of a will’s testator is not considered valid.

Do I need a lawyer?

Technically, a will is executable without a lawyer; however, if you draw up a will from scratch without any input from a pro, you run the risk of making a linguistic or typographical error that ruins everything. A good middle ground is a free sample last will and testament form, which you can easily download from the internet. A last will and testament template will contain all the basic components you need in the proper legalese, and your only job is to fill in the blanks.


Components of a Last Will and Testament

components of a last will and testament What to do with the assets of a deceased person is not only an emotionally difficult consideration, but can also be a complex legal issue. By creating a document known as a last will and testament, a person can alleviate some of the stress of this process from their loved ones. Originally, the term “will” referred only to the disposition of an individual’s real property, such a land, after their death. The term “testament” was then used for the disposition of personal property. The terms have now been conflated in order to include both the real and personal property of the deceased, referred to as the testator, in one document. A last will and testament is a particularly stringent document to prepare, as it has a history of being vulnerable to fraudulent influence and mistaken interpretation. In light of this, it is of the utmost importance to prepare a valid last will and testament form during one’s life.

Since statutes vary from state to state, there is no universal last will and testament template. However, all wills must adhere to certain requirements and formal components in order to be validated in probate court. First, a testator is required to be of a certain age. In some states, the minimum age for making a will is eighteen years or less. In others, a person must be at least twenty-one years of age. In a few states, a married person may make a will at any age. Second, in order to complete a last will and testament form, the testator must be of “sound mind.” In its legal application, this phrase simply means that the testator must have enough mental capacity to understand the extent of his own property, the persons receiving his property, and the disposition which he is making of his property.

Unless the will is completely hand-written, it must also be witnessed by at least two disinterested parties. This means that the witnesses should not be persons who are named in the will as recipients, or devisees. The testator must also sign the will; a variety of signature methods are legally acceptable including rubber stamp or mark. The signature must be made by the testator, or someone who is expressly designated and authorized by the testator to sign in their place.

A sample last will and testament may be composed as follows. In the first paragraph the name and address of the testator is identified. The following paragraph cancels any previous wills or codicils made by the testator. Then, the testator designates a person or persons to direct their affairs once they are deceased. This person is called the executor of the will. The paragraphs following directs the executor to disburse the testator’s property to a list of devisees accordingly. Proceeding the signature, there is a paragraph confirming that the will has been signed by the testator, which is then followed by the signatures of two witnesses. A last will and testament is revocable during the testator’s lifetime, and remains inoperative until the time of their death.