The Will
A will is an instrument by which a person makes a disposition of property to take effect after his/her death. The person who makes the will is often referred to as the testator.
1. Formalities of Executing a Will
a. The will must be written.
b. It must be signed by the testator or someone in his/her presence and at his/her direction if they are unable.
c. Signature must be before two impartial witnesses and a notary public.
*If a witness is partial, they stand to lose their gifts and the will is still valid.2. The Makeup of a Will
A will may have many parts, but there are a couple a guaranteed sections.
a. The gifts - section which spells out who gets what, as well as percentages. Gifts may be combined. There may also be a residuary clause which is there as a safety net for any other assets that may have been omitted from the will.
b. Nominating Provisions - there may be sections which nominate who is to be the guardian of minor children, who is to be the exectutor of the will, and so on.Executor of the Will - person who is nominated by the testator to align the estate of the testator and distribute the gifts in accordance with the will after paying any liabilities. Most often this is a family member. The court will appoint the nominated executor so long as they are still willing and able to carry out the will.
Disclaimer: The information found on this site is not, and should not be considered, professional legal advice.
Always consult a professional before taking any sort of legal action.