The Best Way of Making a Will

Wills and Probate

The execution of a will is vital in ensuring a good future for your family and to those people who are dear to you. Oftentimes, death comes like a thief in the dark. It takes you away the least you expect it. Family disputes usually arises at this point in time because of the failure of the decedent to settle and assign who he thinks is worthy of succeeding his estates. In order to avoid such situation, it is not necessary that the execution of the will be made at the point or in danger of death. The law allows that any testator can execute a last will and testament as long as he has legal capacity to do so. Legal capacity means that you are legally authorized to make a valid will depending on the allowed age and the soundness of mind while executing the same. Sound mind requires that you must know the nature of the instrument and the extent of your bounty. The absence of this would warrant the disallowance of probate because the court will consider that the consent of the testator is vitiated.

When you die leaving a will, this will be submitted to court for probate. Yes, it is necessary that this instrument should pass the examination of the court in order to protect the interests of the heirs named therein and also those who are entitled by law to receive part of the inheritance and which were omitted in the will (assuming that the law to be applied does not allow preterition). In the probate of the will, the court will examine two things: extrinsic and intrinsic validity of the will. Extrinsic validity pertains to the examination by the court whether or not the formal requirements have been met. The ultimate purpose of this is to make sure that the document is authentic and has not been tampered with. A lot of petition for probate of will has been denied right away because of the failure of the testator to follow the formal requirements. Intrinsic validity, on the other hand, pertains to the examination of the contents and evidence surrounding the execution of the will which is not apparent in the instrument. This includes the order of succession, amount of successional rights and the testamentary capacity of the testator.

There are many variables to be considered if you wish to make a valid will. The best way of making a will is to have it drafted and supervised by someone who is knowledgeable about the law. Letting someone draft a will for you is allowed by law when it comes to notarial wills. The important thing about such document is that you have read, understood and voluntarily signed it but of course, without also disregarding the other requirements mandated by the law applicable to you. There may be variations depending on the nationality of the testator and the place where the will is submitted for probate. With the help of a competent lawyer, the probate of the will will not be much of a problem to your family or close friends when the time comes.


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