A will is one of the most important personal documents. A will clearly states the wishes of the person such as what happens to the estate upon the death of the person. A will does not take effect until the death of the testator, and the testator can change the contents of the will at any time during his or her lifetime.
What are the notes for making a will?
If a new will is made, it means that the old will is null and void. If you want to continue with the old will afterwards, you will need to write a completely new one that is identical to the old one to replace it.
In most states, holographic wills are not valid.
Are the requirements for the formation of wills the same in each state?
The requirements are different in each state. Consult with an attorney for details.
Can a will include assets outside of the United States?
Yes, if the will needs to be taken for use overseas, it will need to be notarized at the consulate of this country.
Can a will be handwritten?
Yes, but the basic requirements of a will need to be met. For instance, there must be two witnesses at the time of execution of the will.
Does a will always need to be drafted by a lawyer?
Not necessarily, but if you do not understand the formality requirements of a will, the will may not be valid.
What happens after the death of the person who made the will?
The executor of the will is required to initiate a probate proceeding in the surrogate’s court of the county where the testator resided in his/her lifetime.
Can a will be overturned?
Possibly, a will can be overturned if the testator made it under undue influence or if he or she does not have the mental capacity to make the will.