Why Problems Can Arise If You Don't Formalise a Will Properly

By its very nature, a will is a very formal document. Legislators have created some very specific coding, in order to ensure that these documents are created properly and treated in accordance with the wishes of the deceased. You may think that the most difficult part of creating a will is in determining who gets what and how it is going to be executed. However, don't forget how important it is to create and finalise the will properly, if it is going to have full legal standing. What do you need to bear in mind here?

Proper Procedure

While it may be possible to generate all of the information necessary to create a will informally by using spreadsheets, a notepad or even a dictation machine, the will itself has to be set out in writing if it is going to be recognised in the normal course of proceedings. It's always best to get an attorney to actually commit the will to paper, so that all of these regulations are taken into account.

When it comes time to actually sign the will, there are further rules to bear in mind. Without these in place it may be necessary for the dependents to go to a court to get an official grant of representation. This can be time consuming, is never really straightforward and can cost some money. These funds usually need to be taken out of the estate.

The Correct Procedure

Always ensure that the will is set out in writing and is signed by the person who actually makes it. This signature needs to be witnessed by a minimum of two other people and the law also requires that the will-maker signs the final document with the full knowledge and intent of executing it.

Each witness has to acknowledge that they saw the maker sign the document and must supply their name and address at that time. It's also a good idea if all three of these individuals sign the document using the same pen and at the same time. When one signature is made by a different pen (or maybe in a different colour ink), then this can sometimes raise a question. A court may ask each witness to fill in a separate affidavit in this case, to state that they were in the presence of the will-maker when they countersigned the document.

Taking No Chances

To make sure that everything is done properly and so that there are no questions in the future, it's best to get in touch with a lawyer specialising in estate matters.

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