The Various Requirements for Creating a Will

A will is an integral part of estate planning. It is a legal declaration by a person, known as testator, naming an individual or several individuals to manage or become beneficiaries of his or her property after death. Someone who is of legal age of 18 years and of sound mind can create his or her own will and it can be done with or without the help of a lawyer. What matters is that the various requirements for creating the will is met according to the laws passed within the state that the testator lives.



While several jurisdictions have different requirements for will creation, there are elements that they generally hold the same. One of this is the inclusion of a declaration that the document is the will of the testator. The testator essentially identifies himself as the maker of the will and it can be satisfied by a simple statement like "This is the Last Will and Testament of (the testator’s name)”.



In the document, the testator must include at least one provision for the distribution of assets, for the appointment of guardian to minor children if there is any and for the appointment of an executor. The will should then be typed, except in cases where a handwritten will is being made, whence, the document should be written in hand from start to finish. Moreover, the will should be signed and dated at the end of the document. Anything that is written beyond the testator’s signature will not be honored and if the provisions stated are deemed of high-value, this sometimes causes problems and invalidation of the will.



In the case of handwritten or holographic wills, there are no witnesses that are required. But in typed wills, there should be at least two witnesses who are present as the testator signs his or her will. The witnesses should not be in any way beneficiaries to the will, or else, he or she will automatically be disinherited regardless of what is written in provisions for him or her in the will. The witnesses must also be of legal age of 18 years and must also render their signature into the will.



Because of the complexities in drafting the will, it is highly advised that people should enlist the services of estate planning firms. Austin estate planning, a very well-known and respected firm in the industry, may be able to help you out. Being comprised of a team of competent estate planning lawyers, you will be given expert advice and guidance when it comes to drafting your will. Since at your death, you won’t be around to explain the provisions in your will, it is important that you create one that is solid and will not be rendered invalid in the future. Through austin estate planning, you can guarantee that your wishes will be met at your death and that any loved ones or properties of yours will be placed in good hands.



At austin estate planning, we make sure that all of your beneficiaries are appropriately taken care of. Please do check our website for our range of services.