Various Types of Wills
Wills are legal documents that a person uses to declare how he
or she wishes his property to be disposed of when he or she
dies. In most cases wills are written out, signed and attested
to, or more commonly known as witnessed to. In the past, the law
stated that wills could only dispose of real property, or land,
and a testament disposed of personal property. Today, wills are
referred to as the last will and testament and it deals with
both real and personal property.
There are various types of wills that people could have. One
such will is a joint will. More than one person with each
testator executes this will, as the person who makes a will is
called, leaving his property to the survivor or to other
persons. The second type of will is a mutual will. Mutual wills
the testators agree that each shall be the beneficiary under the
other's will.
Execution Of Wills
It is recommended that people have lawyers draw up your will. If
a person wishes to draw up the will him or herself they can do
so but it is likely that they will overlook something. If
something is overlooked then it the execution of the will might
be difficult. The will itself may be invalid.
When the will is written up there must be someone there to
witness or attest to the will. The witness must sign in he
presence of the person writing the will and all other witnesses.
Once wills have been signed and witnessed they cannot be changed
without having the witnesses present.
Probate
When a person dies there are several things that much happen
before a will can go into effect. The will itself must be
probated. What this means is that it must be proven to be that
last will and testament of the deceased. The executor of the
will carries out the last wishes of the deceased. This may need
to be done in court or it may not. Anyone may contest a will and
in order to do this they must appear in court.