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Difference between revisions of "Preparing Your Will: Step-by-Step"
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Preparing Your Will: Step-by-Step (view source)
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{{Writing Your Will TOC}} | {{Writing Your Will TOC}} | ||
You can make a will on your own, or have someone such as a lawyer or a '''notary public''' help you. There are rules and formalities that must be followed, no matter how simple the will, or the will may not be valid. | You can make a will on your own, or have someone such as a lawyer or a '''notary public''' help you. There are rules and formalities that must be followed, no matter how simple the will, or the will may not be valid. | ||
=== Requirements for a will === | |||
The law sets out some rules that must be followed for a will to be valid: | |||
* The will must be '''in writing'''. It can be typed or handwritten. | |||
* The will must be signed at its end by the will-maker. As the will-maker, you must sign the will or acknowledge the signature as yours in front of '''two witnesses''' present at the same time. If you are unable to sign the will because of illness or disability, you can ask someone to sign it for you in front of you, and in front of the two witnesses. | |||
* The two witnesses must sign the will in front of you. | |||
* You and the witnesses should initial each page of the will in front of each other. | |||
* The will must have the '''date''' included on it. | |||
=== Who can make a will? === | === Who can make a will? === | ||
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* Do they understand the extent of their property? | * Do they understand the extent of their property? | ||
* Do they appreciate the claims to which they ought to give effect? Put another way, if someone is being excluded from the will who would inherit a portion of the estate if there was no will, does the will-maker appreciate the effect of their decision? For example, if they leave their child out of the will, does the will-maker appreciate the effect of that decision? | * Do they appreciate the claims to which they ought to give effect? Put another way, if someone is being excluded from the will who would inherit a portion of the estate if there was no will, does the will-maker appreciate the effect of their decision? For example, if they leave their child out of the will, does the will-maker appreciate the effect of that decision? | ||
=== Who can be a witness to my will? === | === Who can be a witness to my will? === | ||
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}} | }} | ||
== | == Elements of a will == | ||
Typically, a will has several sections: | Typically, a will has several sections: | ||
