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ABA Reaching the Community: Practical Law Presentations: Putting a Legal House in Order: What Is a Will?




 
Reaching the Community

Practical Law Presentations

Putting a Legal House in Order
What Is a Will?

  • Legally, a will is a revocable transfer to take effect when you die. It covers how you want to dispose of your property at death. You can change it before you die.
  • All states have standards for formal wills. Writing a formal will and following these standards helps assure that your wishes will be followed after your death.
  • You must be of legal age to make a will. This is 18 in most states.
  • You must be of sound mind, which means that you should know you're executing a will, know the general nature and extent of your property, and know the objects of your bounty, i.e. your spouse, descendants and other relatives that would ordinarily be expected to share in your estate.
  • The will must have a substantive provision that disposes of property, and it must indicate your intent to make the document your final word on what happens to your property -- that is, that you really intended it to be a will.
  • In almost all states, the signing of a formal will must be witnessed by at least two adults who understand what they are witnessing and are competent to testify in court.
  • A formal will must be properly executed, which means that it contains a statement at the end attesting that it is your will, the date and place of signing, and the fact that you signed it before witnesses, who then also signed it in your presence -- and watched each other signing it.

>>Putting a Legal House in Order Home
>>Estate Planning
>>What Is a Will?
>>10 Things Estate Planning Can Do for You
>>Preparing a Will
>>Protecting Your Property
>>Health-Care Advance Planning


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