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When is a will considered valid?

Many people think it is important to sit down and take the time out of their busy schedules to draft their will before they die. By doing so, you are not only ensuring your loved ones are taken care of, but you are also ensuring your last wishes are adhered to. It is great when people plan, and take the burden off of their families, but if your will is not valid, chances are there will be a lot that your family will have to discuss even though you have made it clear what you want to happen with your property and assets.

When someone has drafted a will, the following will make this document valid:

  • Testator voluntarily signs the will.
  • Testator's property is properly disposed of by the will.
  • Testator is of sound mind and knows the effects of the document.
  • Will is signed by two parties or witnesses who do not benefit from the will.

An invalid will means that your estate will likely not be handled the way you planned. In fact, other than the fact that they want to make you happy, there is no reason for people to have to stick to your will once it is proven to be invalid. What you left to one family member may be given to another, or the beneficiary may decide to keep everything for themselves, which can cause problems for your loved ones.

Should a person's will be invalid, this may cause tension among family members and lead to heated disputes over your property and assets. With so much at risk of going wrong when you draft your will, you have to be sure your document is valid before it is too late. By seeking assistance from a qualified attorney, you may be able to avoid issues with validity and ensure your last wishes are carried out.

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