What Is A Will?

A Will is a written instrument containing directions for how the property of the person making the Will (called the testator) shall be divided on his or her death. State law generally requires that the Will be signed by the testator and by at least two witnesses who have no interest in the property passing under it. The testator must state in the presence of the witnesses that the instrument is his or her Will. He or she must also be competent (not insane, senile or mentally disabled) and not acting under duress or under the controlling influence of any person. A signed instrument purporting to be someone`s Will is not officially recognized until the court having jurisdiction over the instrument declares it to be a valid Will after examining it and the circumstances surrounding its execution. The process by which a court determines whether a Will is valid is known as probate.

Other Wills FAQs

Q: If I Set Up A Living Trust, Do I Still Need A Will?
A: Yes. Your Will serves as a back up for assets that you either don`t or are not able to transfer to your Living Trust. Any asset not transferred to the Trust will not … More
Q: If I Set Up A Living Trust, Do I Still Need A Will?
A: Yes. Your Will serves as a back up for assets that you either don`t or are not able to transfer to your Living Trust. Any asset not transferred to the Trust will not … More
Q: What Are Some Of The Disadvantages Of Using Preprinted Will Forms?
A: Preprinted will forms usually do not fulfill the needs of the person writing the will. Also, if part of the form is preprinted, part of it is typed and another part of … More
Q: What Are Some Guidelines In Writing Up A Will?
A: The following are some guidelines in writing up a will. The first one is to try to avoid using preprinted forms. The second one is to use the same typewriter and … More
Q: Who Can Prepare A Will?
A: Anyone of sound mind and body can prepare a Will. This generally means someone who is an adultover the age of eighteen or the age of majority of the state where … More
Q: What Happens If A Person Dies Without A Will?
A: If a person dies without a Will, he/she will be considered to have died intestate. In this case, property will be distributed by the states laws. Often, the surviving … More
Q: What Happens If A Person Dies With A Will?
A: In general, after the testator (the person with the Will) dies, the person named in the Will to carry out its terms (an executor or personal representative) files the … More
Q: What Is An Executor?
A: An executor is the person who makes a list of all the assets and debts of the estate and seeks to carry down the directives of the Will.
Q: Do Executors Get Paid?
A: Usually executors are paid according to state laws that provide for commissions depending on the size of the estate. However, they may be paid an amount based on the … More
Q: What Happens If A Named Executor Is Unable Or Unwilling To Serve?
A: If the named executor is either unwilling or unable to serve when the Will goes to probate, the court will appoint a new executor. Beneficiaries of the Will can file a … More