For many people, deciding what will happen to their assets and possessions after death is a sensitive issue. It is understandable, as it can be uncomfortable to contemplate one’s mortality. However, making a will and taking other precautions is necessary for preparing for death. It can prevent litigation over a person’s property or even make such litigation unnecessary. An will planning attorney st. charles mo can help with many matters, including but not limited to drafting a will. Because the subject is very complex and there are many options for disposing of your property, an estate planning attorney can be beneficial in helping a person of any age decide how their property should be divided.
A will is a document in which the author or testator declares that a person will manage his assets after his death and decides how his assets will be divided. It can often have very different results from what the testator intended. There are many requirements to write a will and verify its validity. Only valid wills are valid, so failure to comply with the formality or requirement will invalidate the will and the distribution of assets according to the partition rules for those who died without a will.
All state testators must have the sufficient mental capacity to write a will. It implies reaching the age of majority and having the mental ability to understand the consequences of making a will. While there is plenty of proof of the testator’s age, proof of his intelligence is often more challenging. Consulting with an estate planning attorney and discussing the will and estate administration can provide important evidence of the testator’s state of mind and whether he understood his actions.
Other requirements vary by jurisdiction, and Estate Planning Lawyers Melbourne can help explain what needs a testator must meet to write a valid will in the state where he lives. Some of the more common requirements are a statement that the document is the testator’s last will, that the will supersedes all previous wills, and how clearly assets and beneficiaries must be identified.
In addition to the form requirements, each jurisdiction has rules about who can and cannot be a witness to a will. It may include age requirements, mental capacity requirements, and rules about whether the property can be left to the person who made the will. There are also rules about where the witnesses must sign the will and whether they must sign it in front of the testator or if they can do so later.
You can distribute everything you have as you wish with the help of a will. Most states will allow this. However, government agencies will not let something like the destruction of your property happen to you. Your estate administration lawyer mechanicsburg pa will be able to help you understand the best way to write a valid will.