You can specify how you want your money and possessions to be distributed after death by writing a will. Wills typically contain the following:

• Designation of an individual responsible for managing and settling the estate.
• Instructions on how personal and financial assets should be allocated to beneficiaries.
• Provisions for the care and guardianship of minor children.
• Details on gifts or donations of specific items or amounts to individuals or organizations.
• instructions for paying off any outstanding bills or commitments.
• Instructions for the distribution of any remaining assets after specific bequests and expenses are addressed.
• Included are your preferences for the funeral or burial plans.

When does a WIll take Effect?

When the testator—the person who made the will—dies, the will becomes operative. The will is merely a collection of guidelines that cannot be followed or enforced until that point. The will must be filed with the probate court when the testator passes away so that its terms can be carried out and legality verified. The distribution of assets by the testator’s preferences is guaranteed by the probate process, which also assures appropriate administration of the will. The will has no legal power to influence the estate’s distribution or take care of any other issues mentioned in it until it is probated.

What Wills Don’t do?

Although necessary for specifying how assets will be distributed and other end-of-life desires, will not cover every facet of estate planning. For example, assets held in joint tenancy pass immediately to the surviving joint owner; similarly, assets having named beneficiaries, like retirement accounts or life insurance policies, are dispersed by those designations and are not covered by a will.

What Does a Will Need to Be Valid?

A will needs to fulfill several important legal conditions to be accepted. It has to be invented by a person who is of legal age, usually eighteen years of age or older, and sound mind. The testator shall sign the will in the company of two or more impartial witnesses, who shall likewise seal the document to confirm its legitimacy, after it has been written down, either by hand or by typing. The witnesses should not be beneficiary or have a stake in the estate in order to avoid conflicts of interest. The will also needs to clearly state the testator’s intentions and include specific guidelines for how assets are to be distributed.

Witnesses

• Witnesses are legally required to sign the will in order to attest to the testator’s identity and voluntary signature.
• Witnesses ought to be objective individuals with no financial interest in the will’s terms in order to avoid conflicts of interest and ensure its legitimacy.
• To give a reliable account of the signing procedure, spectators must be present when the testator executes the will.
• The will must be signed by witnesses, who attest that they saw the testator sign it and that the testator seemed to be of sound mind.
• Witnesses must be of the appropriate age and possess mental competence since the validity of the will may be affected by their abilities.
• Information about witnesses, such as names and addresses, typically appears in the will to

Our Milton Wills and Estates Lawyers have experience in dealing with all types of estate planning and administration, from simple wills to complex blended family situations and transfers of business interests.