What Is a Simple Will?
A simple will is a lawful manuscript that features the desires of the testator (the person writing the will) considering asset allotment upon the testator’s death. Within the will, the testator names an executor, the person who will be in charge of dealing with the estate when the time comes.
A simple will can also be utilized to label a guardian for minor children as well as someone to handle the financial affairs of the children.
There is no principle, legally fool proof will. State laws differ, as do the necessities of people making wills. If you die without a valid last will and testament, state law will decide what happens to your estate—and who inherits what—after your death. The simplest way to resist this result is to prepare a simple will, also known as a basic will, to express your wishes.
History
Throughout most of the world, discarding of an estate has been a matter of social custom. According to Plutarch, the written will was invented by Solon. Originally, it was a device intended solely for men who died without an heir.
The English phrase “will and testament” is derived from a period in English law when Old English and Law French were used side by side for ultimate clarity. Other such legal doublets include “breaking and entering” and “peace and quiet”.
Freedom of deposition
The theory of the freedom of disposition by will, familiar as it is in modern England and the United States, both generally considered common law systems, is by no means universal. In fact, complete freedom is the exception rather than the rule. Civil law systems often put some restrictions on the chances of discarding; see for example “Forced heirship.”
Advocates for gays and lesbians have suggested to the heritage rights of spouses as desirable for same-sex couples as well, through same-sex marriage or civil unions. Oppositions of such advocacy rebut this claim by pointing to the capacity of same-sex couples to disperse their assets by will. Historically, however, it was observed that “even if a same-sex partner executes a will, there is danger that the survivor will face prejudice in court when unhappy heirs challenge the will”, with courts being more willing to strike down wills leaving property to a same-sex partner on such grounds as incapacity or undue influence.
Requirements for Creation
Muhammad Ali Jinnah’s will, excerpt
Any individual over the age of majority and having “testamentary capacity” (i.e., generally, being of sound mind) can make a will, with or without the aid of a lawyer.
Content of the will
Required content varies, depending on the jurisdiction, but generally includes the following:
• The testator must clearly identify themselves as the maker of the will, and that a will is being made.
• The testator should declare that he or she revokes all previous wills and codicils.
• The testator may demonstrate that he or she has the capacity to dispose of their property.
• The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries).
• If witnesses are designated to receive property under the will they are witnesses to, this has the effect, in many jurisdictions, of either (i) disallowing them to receive under the will, or (ii) invalidating their status as a witness.
• The testator’s signature must be placed at the end of the will.
• One or more inheritor (devisees, legatees) must generally be clearly stated in the text, but some jurisdictions allow a valid will that merely revokes a previous will, revokes a disposition in a previous will, or names an executor.
A will may not include a requirement that an heir commit an illegal, immoral, or other act against public policy as a condition of receipt.
Role of lawyers
There is no legal necessity that a will be crafted by a lawyer, and some people may ignore employing a lawyer to draft a will. People may draft a will with the assistance of a lawyer, utilize a software product or will form, or write their wishes totally on their own. Some lawyers offer educational classes for people who want to write their own will.
When obtained from a lawyer, a will may come as part of an estate planning package that includes other instruments, such as a living trust. A will that is drafted by a lawyer avoid possible technical mistakes that a layperson might make that could potentially invalidate part or all of a will. While wills prepared by a lawyer may seem similar to each other, lawyers can customize the language of wills to meet the needs of specific clients.
Revocation
Intentional physical destruction of a will by the testator will revoke it, through deliberately burning or tearing the physical document itself, or by striking out the signature. In most jurisdictions, partial revocation is allowed if only part of the text or a particular provision is crossed out. Other jurisdictions will either ignore the attempt or hold that the entire will was actually revoked. A testator may also be able to revoke by the physical act of another (as would be necessary if he or she is physically incapacitated), if this is done in their presence and in the presence of witnesses. Some jurisdictions may presume that a will has been destroyed if it had been last seen in the possession of the testator but is found mutilated or cannot be found after their death.
A will may also be revoked by the execution of a new will. Most wills contain stock language that expressly revokes any wills that came before them, because otherwise a court will normally still attempt to read the wills together to the extent they are consistent.
In some jurisdictions, the complete revocation of a will automatically revives the next-most recent will, while others hold that revocation leaves the testator with no will, so that their heirs will instead inherit by intestate succession