Last Will - Testament

What is a Will and why should You have a Will?

The last will is the legal document that one makes so that one’s property can be distributed or disposed off after his or her death according to his or her choice. The term "will" is general and can be applied and used generally but the term "testament" can only be used when it is regarding the distribution of personal property though the difference is rarely taken into account. It is important to make a will because not only does it express your wishes regarding the distribution of property but also makes things easier for your loved ones when it comes to fiscal matters after you are no more to protect them. Will not mentions the owner or caretaker of your property but also specifies about the person who has to act the guardian of your children till they become adults and can take care of themselves. Once you have made a will your family does not have to go through the legal hassles, which would otherwise be a real hurdle for them to get the same property for which you worked so hard and worked only for your children and family.

How should You prepare a Will?

• The first thing that you need to do is to consult your lawyer and ask him about the right type of will, which would be the appropriate for you.
• Once you know the type that would be best suited for you, fill in the all the information correctly and do it in away that there isn’t any scope of confusion.
• Check all the laws regarding the rights of children and spouse and write it accordingly so that no one can challenge your will in your absence.
• Once of you made the ill successfully get your lawyer to check it once and rectify in case of any errors.
• Do not forget to get your notarized though it is not that essential if you have the self proving affidavit, yet do not leave any stone unturned to make your foolproof.
Federal law of every state requires at least two witnesses, but it is advisable to have three witnesses sign on it since there remains a chance of one of the witnesses not being available to testify and confirm when needed. So make sure that there are three witnesses who are adults which means he or she should be more than eighteen years of age and are not the ones who would benefit from your will. He or she should be one who has got nothing to do with your property.
• Executor is the one who takes charge of your property in your absence so when you choose an executor be very careful of his character and his suitability since the executor would be one who would be called for every legal decision about your property in your absence so he or she should be a very responsible person who can manage your property apart from his or her own.
• Once you have the will made store it in a safe place and inform the executor about it.
• The last and very important thing that has to be remembered when preparing a will is that one should destroy all the previous will in case one was prepared earlier otherwise court can nullify both the wills.