Your last will and Testament is a statement of how you want your State to be distributed after your death. According to the Association of United States law, “a statutory will is a form that was created by a state statute.” These laws vary from State in State and judicial jurisdiction. With some preparation, you can usually write your last will and testament for free however we recommend expert will writing services UK.
- Check the laws of your State about writing a will. The website of the Department of aging or other similar agency usually has examples of documents. There may be a specific format or specific guidelines on the formulation and execution of your will.
- Create a title for the legal document. Your title must describe the document; for example “the last will and testament of (enter your full name, including alias)”.
- The first paragraph should include an awareness of who you are and that you have a healthy mental state. For example, “I (name), of (address physical and e-mail address, city, State and zip code), while healthy in mind and body, then declare that this is my last will and testament”.
- Your next paragraph should state that it is your most recent and operational will.For example, “henceforth I revoke all my previous wills”. This statement will delete any previously written Testament.
- The following paragraph should be included to your beneficiaries. If your immediate family, such as a spouse or your children, you should enlist your spouse clearly by name and declare that in the future you mean it as “spouse”. In the following paragraph, you would need to establish how many children you have. If you have children, you will have to establish their names. If these beneficiaries are better, you should name their caregivers or guardians.
- In your next paragraph, you must assign an executor for your will. It will be responsible for managing your desires. Your next paragraph must set out how this person to handle your Affairs, including financial obligations, medical expenses and funeral costs.
- Then, you legarás your belongings. For example, “I’d leave my collection of magazines my friend Tracy”. Continue with this process until you have submitted all of your important possessions.
- If you are married, you may want complete set that you wish to “give balance and rest to my spouse”, and include the name of the same. You may also want to appoint an alternative person as beneficiary, for example, if your spouse is already dead.
- Finally, you must sign and date to your will in the presence of two witnesses.Witnesses must be impartial and not be affected by your will in any way. A notary public is a smart choice to testify.
- To be safe, and if the lawyer fee does not end with the purpose of writing a last will and testament for free, you may want make a lawyer to review the document and keep a copy.
You will need to
- Pencil or pen
The Holograph Testament is one who writes by hand the testator, without having to give it to him in principle to a notary. Who writes it can leave his wishes in any type of paper, and when he dies, the document will consider it a judge which, with the help of witnesses who ensure that the letter is from the deceased, will or not valid text. Although it is the most simple of do and that less time and money invested who writes it, is not always the most effective: may lose, that interested people removed it and that it never reaches its destination. Also it is possible to be contested if it includes provisions contrary to the law or the Court dismiss it if you are in doubt of its authenticity. Test before a notary It is not expensive and save the headaches that come with the Holograph testament to successors.
In own handwriting
“Peñafiel to October 24, 1915. “Pacicos of my life: in this my first letter of bride and groom is my Testament, all for you, everything, so that always love me and no doubt the affection of your Matilde”. The Supreme Court held on June 8, 1918 that this simple love letter determining the will of the signatory to leave all of their property to her then boyfriend, Pacicos, when she died. Perhaps now the interpretation would have been different, or can that had coincided, but at the time, judged that the letter, handwritten, dated and signed, was a Holograph will. And even today this Epistle as case law on succession issues cited.
To be valid it must be hand written in integral way by the testator
Years ago it was more common to find manuscripts in which the testator embodied his wishes, today predominantly wills drawn up by a notary public pursuant to the provisions issued by the person concerned.
Wills, according to the Civil Code, may be common or special. These last include the maritime, military and which is made in a foreign country. The common ones are the open, closed, and the Holograph.
Open Testament, the person concerned expresses his wishes in the presence of people that must be authorized by the Act, who are aware of what is available. In the closed, who writes, without revealing his last will, he declares that this is contained in the statement presented by people who have to authorize the Act. I.e., it can lead to the notary an envelope with his legacy, which will not open until after his death.
It must be hand written by the testator, which must meet a series of requirements to ensure document validity. While the law forbids expressly test persons under 14 years of age, this age is extended until 18 for those who write a Holograph will: only the elderly have the option of expressing in their last wills.
It is possible that who benefited is not by the Testament decides to destroy it and never see the light
To be valid must be written so intact by the testator and signed by him. Therefore not can entrust the drafting to another person, or even a part of the text or to help you to sign it. To put it in writing, it is necessary that it is done with pen or pen, so that you can delete. He is recommended to not use pens because they allow delete words and then write up without that being noticed, so frequently are not accepted by the Court.
In principle, any paper uses to write the text. Although the most common is to do it in white papers. I only have hand another type of leaves, it is also possible to use them: pages from a notebook, with two stripes, graph, even other media such as napkins can serve, although perhaps not worth the risk if you have plain paper, because then the situation may be complicated by judicial interpretations which generates.
Other end which must take into account is that the text should always be handwritten. If you use a computer or a typewriter, it would cease to be effective. Other media such as video or DVD are not valid.
One of the most important aspects is the date, without it it would not serve. Document to be effective, it is imperative that it included the day, month and year in which is granted, since a subsequent will void that precedes it.
To ensure document effectiveness it is essential in it included the day, month and year in that it grants
Sometimes the text is deletions or amended words. It is normal that the testator start typing and have doubts about the wording, is wrong on a property or in the name of the person you wish to leave a legacy. Although the ideal to prevent further challenges would be to start over, also fits the possibility of saving the studs with the signature of the testator. At the end of the text, under the heading, you must indicate which correspond to his will. A case: “the first word labelled line 2 is valid”. Below, signed again. The Protocol followed is the same whether annotations between lines have been written.
Once the document is dated, just indicate which goods are left as legacy after death and who. It is always advisable to do it with clarity so that then do not believe disputes among the heirs. Although the law does not oblige to indicate this, it is also recommended to specify that it is the last will, the Testament or your wishes, when he dies. Notes of the type “this is my will” or “I wish that my death these assets passed to my grandson” help enough.
Once drafted, the testator has freedom to keep it secret – in a place where you can find after the death-, tell someone the site where or give it – whether open or closed in an over-to a close friend or one of the heirs, Since the document will not take effect until not a judge validated it.
Steps after death
The testament to have effects, it is necessary to formalize it. To do this, you have to submit the document to the judge of first instance of the last domicile of the testator or the place where this has died. The term for this procedure is five years from the day in which the death occurred. If you pass this time, although after the Testament is found or someone deliver it, will no longer be valid.
If the deceased left the document by a person, it has an obligation to present it in court after the death. If it does not within 10 days to become aware of death, will be responsible for the damages and damages caused by the delay. It is not necessary to be the person who guards the text who take you to court. Anyone who has attractions as heir, legatee, executor or any other concept can do it.
In addition to this document, it is necessary to prove the death of the testator. For this simply the death certificate. Once presented the Testament Holograph, if it is closed, the judge opens it and heading all sheets containing with the Secretary. It is also necessary to verify your identity. This is done through three witnesses who know the lyric and the signing of who wrote it, who have also declared that they have no rational doubt that the Testament is actually signed and written by the deceased.
If there are doubts about the authorship can be an expert stating that it is the letter of the deceased
Maybe there is no ideal witnesses or present doubt on the authorship of the Testament. In this case, if the judge sees fit, an expert stating that it is the letter of the deceased can be used.
To practice these proceedings, article 692 of the Civil Code establishes that they will be cited with the as soon as possible the surviving spouse if it had, the descendants and ascendants of the testator and, failing that, the brothers. If these people do not reside in the area, if they ignore their existence – or being minor or incapacitated they lacked representation legitimate-, quoted to the public prosecutor’s Office. These people will witness the proceedings practice, intervene in and make appropriate observations about the authenticity of the will.
If the judge considers that it corresponds to the deceased person, remember that it is protocolice in the records of a notary. If instead you think that identity is not that of the deceased, he shall refuse every. In this case, interested parties can use it.
Advantages and disadvantages
- You can write at any time, only requires a pen and paper to write it. It is not necessary to go to no other place to do so, by not requiring the cooperation of witnesses, notaries or persons who at the time of writing give validity to the text.
- Wishes can be secret if so who writes it. Does not have why to communicate their intentions to the notary or other persons involved, which makes it very suitable for those who do not want certain aspects of his life, as illegitimate children, are known until after his death hidden properties and even debt.
- Furthermore, if who writes it thinks that you can die in a short time, this kind of Testament allows let his wishes expressed in a few minutes.
On many occasions, these benefits are only in appearance, since sometimes these wills can not even see the light.
- If the testator has hidden them and passed away without reporting the place where they are, they will never come to read. If they are but it has been a long time, they have no efficacy.
- Also might be the fact that who saves it or knows where is benefited will not be seen by the document and decide to destroy it.
- If the successors are in accordance with the validity of the text, may challenge it for different reasons: that is not the letter of the deceased, who drafted him without full use of his faculties or coerced by a third party. The interpretation that makes the Court of these claims depends on the validity of the text.If it is necessary to hire the services of an expert to deal with the challenge, the heirs can be found with along and expensive process, without clashes may cause among the potential successors a testament that generates doubts.
- By not having the help of a notary for writing it – as if happens with others, like the open-, the testator can breach legal provisions which invalidate the will, does not respect the legitimate inheritance which corresponds to each of the children.