Will Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley
Definition Of A Will
A will is succinctly known as a declaration made legal by which a person also known as a testator appoints one or more persons to take charge of his or her estate and properties, and how they would be distributed upon his or her sudden demise. The will is also known as a testament, and is applied to both real and personal property owned by the testator.
Types of Wills
There are a few types of wills that are used in this modern day according to expert Will Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley. These include:
- Simple will: A simple will is also known as a basic will, and is one which is very straight forward and which leaves clear cut out instructions on how properties and estates owned are to be distributed upon death. This kind of will is mostly used where the testator has just few assets, and no minor children.
- Nuncupative will: The nuncupative will is a type of will that is mostly made by word of mouth i.e. usually oral or dictated. This kind of will is often limited to military personnel or sailors.
- Holographic Will: A holographic will is one that is written by the hand of the testator with his signature intact, and must be in the handwriting of the testator before it can be said to be valid.
Reasons For Writing A Will
- Mystic Will: A mystic will is also known as a sealed wills, a secret will or a closed will, and it is a will, which is written, signed, sealed in the secret and delivered to a notary public along with a signed statement testifying to the validity of the will. An act of superscription is then drawn up by the notary, and signed by the testator, the notary and the witnesses. The contents of the will are not revealed or made known to the witnesses. This type of will is mostly valid in the state of Louisiana under certain circumstances.
- Joint Will: A joint will is mostly used by couples, and it’s a single will that is jointly signed by both of the couples, and which usually leaves every property owned to the surviving partner after the death of any of them. It also states who inherits the estates and properties after the death of the second surviving partner. Usually, after the death of the first partner, whoever survives is not capable of making any changes to the will.
- Serviceman’s will: A serviceman’s will is that will that is made by any military personnel in active military service. This kind of will normally lack the set formalities, and is particularly used under English Law.
Writing or making a will is not an obligation that must be fulfilled; rather, it is a matter of free will and choice. It is something that you decide to do, and not something that you are forced to do. But, what happens when you die and you have no legal documents that make decisions on how your properties, estates and various other belonging are to be shared? With my years of experience as a Will Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley,
your guess is as good as mine. Here are some of the reasons why you need to make a will:
Requirements For The Creation Of A Will
- By making a will before your dying day, it makes you more in control of your estates and properties thereby giving you the power to decide who and who inherits any of your properties.
- With a valid will in place, you avoid your properties being shared under the law of intestacy. Intestacy is a term that is used to describe a person that dies without leaving a valid legal will in place. When the law of intestacy is applied, then estates and properties are shared by the tenets of this law which certainly will not tally with whatever the dead person had in mind.
- If you have children that are minors; i.e. children still under age, your will gives you the right to place your children in the care of a guardian who would stand in for them and receive whatever share they have been given as the law does not give room for minors to receive any share from a will. Also, with a guardian in place for your children, sending them to the care of the Social Services would not be necessary as the guardian would take charge of them.
- With a will in place, it is far cheaper and easier to administer an estate than when there’s no will in place. In the absence of a will, your next of kin takes responsibility of your estate and may not do things according to the way whomever you may have given that responsibility if you had written a will would have done.
- There’s a genuine peace of mind that emanates from knowing that you have a will in place which would make things easy for your family and speed up the process of administering the estate.
Before a will can be made and be legally valid and binding on all parties involved, certain requirements have to be reached. These requirements are stated below:
For all your wills related matters, the Leventhal Law Group, P.C offers free and no obligation consultation with a qualified attorney. Call 818-347-5800 for a free consultation today!
- A will can only be valid and legally binding if it is created by an individual from the age of 18 upwards. In essence, any person below the age of 18 is judged as a minor and so cannot create a will and where he or she does so, it won’t be valid or legally binding.
- A valid will should first of all start by the testator/maker of the will identifying him/herself, and demonstrating that he is of sound mind to make a will.
- Before a will can be said to be valid, it must be signed, dated and witnessed by at least two witnesses that have nothing to benefit from the contents of the will. Whereby any of these features are missing on a will, then that will can be said to be invalid. Any other text or sentence that comes after the signature of the testator is usually considered invalid.