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Creating A Will

A will is a document any individual at least 18 years of age can create to specify what final arrangements he would like and how he or her would like the assets of his estate dispersed upon his or her death.  A will can be a relatively simple document and is valid if properly executed and witnessed.

A valid will will contain the following:

  • The will must clearly identify the maker as the creator of the will
  • The maker must declare that he/she revokes all previously-made wills and codicils
  • The maker must attest that he/she disposes of his/her property willingly and freely and is of sound mind
  • The maker must sign and date the will and have the signature witnessed by two persons having no interest in the will
  • It is a suggested that a will name an executor and give that person the authority to pay debts, taxes and expenses related to the estate

Under state laws a will must provide that at least a portion of the estate will go to a surviving spouse.  A will also cannot require that a beneficiary commit an immoral or illegal act as a condition of receipt of assets.

Many low cost, do it yourself, easy to complete will forms are available from stationary stores and online sources. (see Legal Kits)

 

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Facts of Law about creating a will

Facts of Law - Create A Will