Being adventurous during your lifetime can be fun, but when it comes to the case of your inevitable death, it can be dangerous. People dislike dwelling on their demise which is why they delay making their wills. And when they do, many try to be innovative by using unconventional last will and testament forms. While things like a holographic wills (handwritten with no witnesses) may seem romantic and video will may seem like a cutting edge last will and testament form, they can backfire.
Laws on wills, property and inheritance vary from state to state and you need to be sure that the last will and testament form you are planning to use is accepted in your state. Beyond this, you need to be sure that your last will and testament is clear and not open to interpretation about your final wishes or disputes among the beneficiaries about the division of property. That is why a standard last will and testament form, which is a tried and tested way of creating your last will and testament is the safest and best option.
Also it is important to keep in mind that the type of last will and testament form will depend on the nature of the estate and the number of beneficiaries. In the case of a complex estate where the amounts are large and the assets are often tied up in commercial interests and activities, or when the number of beneficiaries is large, or when the asset division is complicated, a simple last will and testament form will not do. It will not be able to cover all the issues and will lead to chaos, confusion and disputes. On the other hand, a simple estate being left to a few family members does not require a complicated last will and testament form and a simple one, prepared by a lawyer or by the testator himself, using last will and testament software, will normally suffice.
While the type of last will and testament forms will vary depending on the size of the estate and the local laws, there are some factors that are essential to creating a clear and easy to understand will, irrespective of where you may reside or the amount of property you leave behind.
Common Aspects Of All Last Will And Testament Forms
The testator must be clearly identified to prevent confusion. Adding your address and even your date of birth will remove any chances of this happening.
In any last will and testament form it is essential that the testator makes his intension clear and states that the document has been created without any influence being applied or under duress and that is revokes any and all previous wills and testaments.
Every last will and testament form should enumerate all the assets clearly and identify all the beneficiaries. There should be completely clarity on who gets what. It is a good idea to include the reason for the break up and distribution of assets so that your motives are clear and cannot be questioned.
Every last will and testament form includes the nomination of an executor. This is the person whom you authorize to carry out the conditions of your will and testament.
Get the document witnessed and notarized as required by law. Keep it in a safe place that is known to a few people, including the executor.