How to Create a Valid Will
After having working hard all your life to acquire monetary, property and other assets, you want to make sure that your hard earned estate should go to the right beneficiaries. Reliable Wills lawyers can hep you make a legally valid and comprehensive Will that leaves no room for ambiguity and confusion.
In order to create a legally valid Will, you need to ensure that the Will exists in writing and it should be signed by two (or more) legitimate witnesses. The following points describe the basic requirements for being a witness to a Will document.
- The two witnesses must sign the Will at the top of each page with the same pen that you sign the document with.
- The witnesses must also be present in the same room as you but it’s not compulsory for them to sign in the presence of each other.
- Witnesses can also be beneficiaries but it’s better to avoid this and request neutral witnesses to sign the Will.
- The witnesses must possess good eye sight (they should be able to see the Will being signed by the testator). A testator is the individual who is making the Will.
The Will should not be tampered with in any manner. Any corrections or marks etc may render the Will document as invalid. Similarly, it’s best not to use pins or clips on the original document that may mutilate the document. If the testator is physically disabled or unable to read (due to poor eyesight or illiteracy), the witnesses must read out the Will to the testator. If the testator wishes to add or cancel a clause(s) or make other amendments, these cannot be simply pencilled onto the original Will.
A ‘codicil’ is a formal amendment to a previous Will and is recommended for short changes. However, if you need to incorporate major changes, it’s better to make a new Will. Provisions in Wills may often change due to changes in the list of beneficiaries or the testator selling or buying property and so on. It’s extremely important for Wills to be current and updated so as to avoid stress and conflict after death and reduce unnecessary administration expenses.
Similarly, a Will is said to be revoked if it has been invalidated due to specific circumstances. For example, if a testator has made a Will before marriage, the Will is automatically revoked and the provisions in it are no longer valid. If the individual gets divorced or separated at a later stage, the original Will made before marriage cannot be reinstated or revived. In such cases, it’s best to consult a reliable lawyer who will help you create a new Will.