Will and testament

Will and Testament

A Will and Testament is a legal document that communicates a person's final wishes, as pertaining to possessions and dependents. A person's will is read by a county court after their death, and the will then enters probate. The probate court ultimately decides the validity of a will.

History

The concept of a will and testament has a long history, dating back to Ancient Rome. In Roman society, a will was written by a testator (the person making the will) and witnessed by a group of citizens. The will would then be sealed until the testator's death.

Types of Wills

There are several types of wills, including:

• Living Will: A document that outlines what medical actions should be taken if the person becomes incapacitated and can't make decisions for themselves.
• Testamentary Trust Will: A testamentary trust will sets up one or more trusts for the distribution of the testator's property after their death.
• Joint Will: A joint will is a mutual will made by two people, typically a married couple, in which they leave their property to each other.

Legal Requirements

In most jurisdictions, there are legal requirements that must be met for a will to be valid. These typically include:

• The testator must be of a certain age (usually 18 or older).
• The testator must be of sound mind.
• The will must be signed and witnessed.
• The will must be made voluntarily and without coercion.

Probate

After a person's death, their will is submitted to the probate court. The court oversees the administration of the deceased's estate, ensuring that debts are paid and remaining assets are distributed according to the will.

Contests

A will can be contested if a party believes the will does not reflect the actual intent of the testator. Grounds for contesting a will include allegations of undue influence, fraud, or that the testator was not of sound mind when the will was made.

See Also

• Estate Planning
• Trust Law
• Inheritance