What is a Will?

In the law, a will or testament is a document by which a
person (the testator) regulates the rights of others over
his property or family after death. For the devolution of
property not disposed of by will, see inheritance and
intestacy. In the strictest sense, "will" is a general term,
while "testament" applies only to dispositions of
personalty (this distinction is seldom observed). A will is
also used as the instrument in a trust.

The conception of freedom of disposition by will, familiar
as it is in modern England and the United States, both
generally considered common law systems, is by no means
universal. In fact, complete freedom is the exception
rather than the rule. Civil law systems often put some
restrictions on the possibilities of disposal.

Advocates for gays and lesbians Have pointed to the
inheritance rights of spouses as desirable for same-sex
couples as well, through same-sex marriage or civil
unions. Historically, courts Have been more willing to
strike down wills leaving property to a same-sex partner
for reasons such as incapacity or undue influence.
        

Legal requirements for creation of a Will.

Any person over the age of 18 can draft his own will
without the aid of an attorney. A will that is properly
drafted, executed, and witnessed cannot lead to it being
contested. In order for it to be valid, however, every will
must contain the following:

* The testator must clearly identify himself as the maker of
the will.

* The testator must declare that he revokes all
previously-made wills and codicils.

* The testator must demonstrate that he has the capacity to
dispose of his property, and does so freely and willingly.

* The testator must sign and date the will, usually in the
presence of at least two disinterested witnesses (persons
who are not beneficiaries).

Some states recognize a holographic will, made out
entirely in the testator's own hand. A minority of states
even recognize the validity of nuncupative (oral) wills.

A will may not include a requirement that an heir commit an
illegal, immoral, or other act against public policy as a
condition of receipt. It also cannot be used to disinherit a
spouse. Under state laws, a surviving spouse is entitled to
at least a portion of the testator's estate.

It is not only a good idea, but essential that the testator
give his executor the power to pay debts, taxes, and
administration expenses (probate, etc.). Warren Burger's
will did not contain this, which wound up costing his estate
thousands.

Revocation of a Will.

Some jurisdictions hold that revocation of a will
automatically revives the most recent will; others hold that
revocation leaves the testator with no will, so that his heirs
will inherit by in testate succession. Some also allow partial
revocation if the testator crosses out a specific clause.
Others require that either the entire document be
revoked, or none of it may be. Some jurisdictions hold that
the execution of a new will revokes all previous wills,
irrespective of whether it does so expressly. Others hold
that a new will only over-rides the clearly inconsistent
provisions of an earlier will.
Do you still Have questions? Try our
advanced search below!!
 
Free Legal Advice Online Here
Will and Testament Info Online
Free Will and Testament Advice Online Here
Free Will and Testament Advice Online Here
Free Legal Advice Online Here
Click Here To Explain Your Situation
To Our Staff Of Legal Advisors.
Find A Lawyer   Legal Loan
Arbitration and Mediation Legal Advice
Bankruptcy 7, 11, 12, 13 Online
Bextra Legal Advice Online
Celebrex Legal Advice Online
Child Custody Legal Advice
Child Support Legal Advice
Criminal Law Legal Advice
Dangerous Drugs Advice Online
Divorce Legal Advice Online
DUI.DWI Drunk Driving Online
Elderly laws Advice Online Free
Employee Rights Legal Advice
Estate Planning Advice Online
Family Law Legal Advice Online
Fen-Phan Legal Advice Online
Immigration Legal Advice
Lawsuits Legal Advice
Medical Malpractice Online
Meridia Legal Advice Online
Mesothelioma Legal Advice
Mold Legal Advice Online
Probate and Estate Online
Product Recall Legal Advice
Real Estate Free Legal Advice Online
Statute of Limitations Advice Online
Tax Law Free Legal Advice Online
Traffic Violations Free Legal Advice Online
Vioxx Free Legal Advice Online
Workers Compensation Online
Work Related Injury Online
Will Free Legal Advice Online
Florida Insurance Quotes
Personal Injury Legal Advice Online
Free Legal Advice Online Home Page
Site map
Sell Timeshare Advice Online
Cheap Insurance Policy
Cheap Florida Insurance Quotes
Links Online
Florida Homeowners Insurance
Rent my Timeshare out