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Creating a Will

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13y ago

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Very few people are eager about creating a last will, but this legal document is a vital part of one undesirable life event that everyone must face - death. Wills are especially important for people who have considerable assets, large families or important interests that must be taken care of after death. The law recognizes hand-written wills that are penned by the testator, or creator. Hand-written wills are called holographic wills and are honored by nearly every jurisdiction with a simple signature. Some jurisdictions may require witness signatures or proof of signature validity if there are surrounding issues, but this is very rare. Another common option for creating a will is to use online programs. Wills include the information a person wishes everyone to know upon their death, appoints an executor of the will and may also make other specifications. Special provisions and designations are usually included at the end of a will, sometimes on a hand-written list called a laundry list. On this page, the testator may designate certain pieces of property, personal items or other effects to be bestowed upon specific recipients. Some people also choose to create a Living Will, which is a document specifying what medical care and life-saving procedures they will accept and refuse if they are rendered unable to make their own decision.

Along with creating a last will, most people create a special Power of Attorney form, designating a specific person to make personal, medical and monetary choices on their behalf, should it be required upon losing consciousness or cognitive abilities. Wills may be created at home, but hiring an attorney to assist is very beneficial. Sometimes fires, robberies or simple misplacements may result in the will being lost or destroyed. When an attorney draws up a person’s will, the original document is sealed and kept in a fire-proof safe, opened only after the testator’s death. The testator and attorney also keep an additional copy for safeguard. An amendment, also called a codocil, may be made to the will by the testator. Wills can also be revoked or completely rewritten once they are created, assuming the testator is still of sound mind. Those who have considerable amounts of assets should consider making pre-arrangements for funeral costs, estate taxes and proceedings and possibly even a trust, if the amount is considerable enough. A will can never be created too soon, as life is unpredictable.

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