Will is a written document through which a testator makes known their wish regarding handling their property after their death. A will ease the family and the person writing it to avoid future conflict.
However, there are specific requirements, which, if not fulfilled, make the will null and void. Therefore, it is vital to seek advice and make a legally binding will for family members.
Likewise, the execution of the will is the process of making a last will valid. The legal requirements are essential to make it valid and safeguard against fraud or inaccuracy.
So, if you plan to execute your will but need to know where to start, we have your back. This article will inform you about the details required to complete your valid will. Therefore, keep reading to learn more about the execution of will.
Execution of Will Requirements
Execution of will has specific legal requirements, and a will is determined invalid if any requirements are not fulfilled. Therefore, if you plan to make a will, keep in mind to complete the below details to make it legally binding.
First, you can only sign your will if you have the legal capacity. A general term for capacity is being of sound mind. It required you to know and understand what property you own, family relationships, and the impact of your will on these relationships.
Moreover, this is not an issue, as you can easily make a will even if you are sick. However, capacity is a highly contested and weak area where specific relationships take advantage after death.
Therefore, if you think that someone may look to contest capacity, seek your lawyer’s help.
You will need at least two adult witnesses to sign the final will. Moreover, these witnesses should not be beneficiaries of your will. Hence, you will need two adult persons to sign your will who will not get anything from your property.
Furthermore, select your witnesses wisely, ones who are likely to stay around when you die, since probate court could summon them after your death.
Therefore, a valid will always require two signatures from witnesses.
You can take a print of the final draft of your will, read it carefully to fully understand it, and ensure to omit any errors or mistakes. Then, you can confirm to your witnesses that you are satisfied with the draft and ready to move forward with the execution of the will.
Here are a few steps to finalize your will.
Once you sign off the file, you have successfully executed your will.
The nominated executor submits the will to the relevant probate court. Generally, it is submitted in the territory where the estateholder passes away.
Upon submission of the will, the court will establish its authentication. Authentication requires the court to check the documents and affix the stamp proving their authenticity, making it permissible in financial institutions.
Once the court authenticates the will, it is time to settle the estate; this is where the executor comes into action. They will gather a list of assets, appraise their value, and inform beneficiaries.
Although it is more complex than it may seem, executing will take time and effort.
Key Points
Before finalizing your final will, remember the key points, as they will help you stay updated about the legality and execution of your wishes.
Frequently Asked Questions
How can I execute my will?
You can follow the below steps to execute your will.
What is meant by the execution of the will?
Execution of the Will is making the testament valid.
What is a probate?
Probate is the process of executing, validating, and carrying out instructions of the will. The estate executor is responsible for carrying out instructions.
Is it mandatory by law to execute a will?
No! The law does not require you to execute a will. However, it is a better option to avoid future mishaps with your family to make a last will.
Parting Thoughts
Execution of will is a sensitive task and should be done under the guidance of a lawyer. Although many people do not opt for a will, it is beneficial.
However, there are specific requirements to make it a valid will. You must draft, study closely, involve two witnesses, and sign the document to make it legally binding.
Moreover, fraudsters tend to take advantage of the capacity to be sound when making a will. Therefore, we recommend you take all necessary action involving witnesses and lawyers while finishing your will.
Likewise, it is essential to sign each page of the will, both by the person himself and witnesses, to avoid manipulation of the document in the future.
We hope you have gathered enough information to execute the will and will seek professional advice before starting the procedure. Please leave feedback in the comments section.