A home made will is one prepared by the willmaker themselves. Maybe using a “will kit” or something found online or a digital recording. However made a home-made will is composed without the services of a lawyer and the benefit of individual legal advice. This may seem an economical and convenient approach to will-making. While …
The legal formalities to make a valid will require the will-maker to sign their will in the presence of at least two people, acting as formal witnesses to the event.
Signing a will in front of witnesses fulfils a protective function. Can anyone witness or attest the signing of a will? And what must they do? Read more >>
Probate is the official process to establish or prove, whether a deceased person’s will or testamentary document is valid and intended to be their last will.
A grant of probate is the document issued by the Court of Probate after completion of an examination process. A type of grant of representation, it is an order of the Court certifying that the executor (or personal representative) named in the document is lawfully authorised to administer the estate of the deceased person. It is also official recognition that the will (which may include codicils) was proved to be valid by the Court and intended to be their last will. This article is about probate, which only applies when a will was left.
Keeping an original will safe and secure is one thing, (for more on storing a will click here), but as a practical matter, it is also important to let executors know, or family or a trusted friend, of its whereabouts.
But what if for some reason an original will cannot be located? What can be done? Does it mean the intestacy rules have to apply?
To see the contents of a deceased person’s will can be difficult. But in some states if you know who has the will, a copy, or other testamentary document, the law requires them to allow certain categories of people who are entitled under the law, to have access. If you are within one of these categories you are entitled to inspect or see the will; and obtain a copy of it. Copying is at your expense, but the costs must be reasonable.
Language can be confusing. The way that certain words are used in a will may cause difficulties in interpreting what the willmaker actually meant, but unfortunately may not come to light until they have passed away. Two such words are “children” and “issue”.