One of the ways that family law fulfills its objectives is in the aspect of a will. With a valid will, the family members can be properly cared for and supported after death. A valid will is your voice of authority about your decision about how your estate will be shared, who benefits from your property, and who takes care of your kids.
Without a will, sharing your estate might be chaotic and your kids might be asked to be looked after by someone you do not like in the family, after court rulings. However, you can avoid unwanted issues by writing a valid will according to family law to be sure that your decision will stand after death.
However, even if you write a will, you must ensure that it is valid for your decisions to be upheld after death. Some important factors make a will valid.
Here are five important aspects of a will that validate and confirm that a will complies with all legal requirements, and thus is legally binding, according to family law:
1. Must Be At Least 18 Years Old and of Sound Mind
For your will to be valid, you the writer or testator must not be younger than 18 years of age. Besides, you must be of sound mind at the time of writing the will, and it must be of your own accord. In effect, you must not be under the influence of alcohol, drug, or force by another party.
2. Must Be Created by You and Declared As Your Will
The document considered as your will must be created by you. You cannot create or write a will for another person. Moreover, the document must include a statement declaring the document as your will.
3. Must Be Properly Signed (By You Before Two Valid Witnesses and By the Two Valid Witnesses)
You must sign the document before two valid witnesses who are not beneficiaries of the will. Also, the two witnesses must sign on the last page of the document together with you. The signature must be in wet ink, and not by digital means.
4. An Executor Must Be Appointed
You must appoint someone, whose names must be mentioned, to execute or implement the content of the document. Meanwhile, the supposed executor must be someone you trust.
5. Must Contain the Allocation of Your Estate
The document must state clearly who gets what from your property. The allocation of your property must be in quantifiable and definite terms. And if you have a minor child, you must name a personal guardian for the child.
The above are the five important aspects of a will in compliance with the family law. Are you searching for a reputable family law attorney? Contact us now to write your will and for help regarding family law matters.