#WillsandTrusts
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WILL PART 2
REQUIREMENT OF A VALID WILL
A valid will must be in writing: It is imperative that a person has to take note of this important condition that a will can be typed, printed, or handwritten. It is a legally binding document that must be made in writing in order for it to be enforceable.
An individual of legal age can make a valid, He/she must be at least 18 years of age, with sound mind meaning that he/she understands that a will is being made and is the same as at the time of making the will.
A will must be made voluntarily without any external influence.
The will must be signed by the testator or any person he chooses on his behalf who then must sign in his presence and by his directions.
The testator must acknowledge his signature in presence of two (2) witnesses who must be present at the same time. Acknowledgement can be by word or conduct
The witnesses must themselves sign the will in presence of the testator. It is important to note that a witness cannot be a beneficiary to a will, and any gift given to a witness will be null and void. Choosing people who are not beneficiary to the will as witnesses will prevent a conflict of interest and ensure confidentiality. Therefore, the testator’s spouse and children cannot attest to a will, since they are definitely going to be beneficiaries in it.
A blind person can make a valid Will and there must be a Caveat in the Will stating that the Will was read to the blind person and was signed by the person. However a Will can not be attested by a blind person.
There is however an exception to the making of a Will, a person who is not of a legal age and serves under any form of military service can make a valid Will.
CONTENTS OF A VALID WILL
The full name and address of the testator.
The names and address of the executors who will be in charge of the testator’s assets and ensure that the wishes under the will are carried out.
The full names and addresses of the beneficiaries in the will, and where the beneficiaries are minors, the particulars of the guardian appointed for them.
A full list and particulars of the testator’s assets; all the assets of the testator both real and personal should be listed, and how he wants the assets shared among the beneficiaries.
The names and addresses of witnesses to the will.
Signatures of the testator and that of the Witnesses.
REVOCATION OF A WILL
There are four ways in which a Will may be revoked as follows; by marriage, by making another Will, by writing to revoke and by destruction.
Revocation of Will by Marriage: The testator’s marriage will automatically revoke any existing wills and codicils.This revocation occurs by operation of law, whether or not the testator wishes or intends such a revocation. Unfortunately, not all married persons are privy to the knowledge of this deemed revocation and the law may occasionally be viewed as creating some hardship to the disappointed beneficiaries. The rationale for this rule however, is to ensure that any children and new spouse will benefit, that is by creating an intestacy in the absence of a new will. In Section 11 Wills Edict 1990 0f Lagos State, the typical law states:
“Every Will made by a man or woman shall be revoked by his or her marriage (other than a marriage in accordance with customary law) except: A will expressed to be made in contemplation of the celebration of that marriage. Provided that the names of the parties to the marriage contemplated are clearly stated”.
An exception to this general rule is made if, and only if,
Wills made in exercise of a power of appointment in which the person appointed will not default of the appointment but it passes to his or her executor or administrator.
Wills expressed to be made in contemplation of celebration of a marriage where the names of the parties to the marriage contemplated are clearly stated.
Revocation of Will by Voluntary Act: Pursuant to Section 14 of the Wills Act, a will may be revoked, in whole or in part, by the formal execution of a written declaration of revocation, whether this declaration stands alone or is found as part of a subsequent will or codicil. To be effective, however, the testator must intend to rescind the prior will, in whole or in part. It requires both a written declaration expressing the testator’s intent to revoke the prior will and requires that such a declaration be properly executed in compliance with the Wills Act formalities. Most often the revocation will be included in a new will or codicil however that is not required so long as the declaration of revocation is properly executed in compliance with the Wills Act formalities. From a practice standpoint therefore, where a testator wishes to make changes to a previous will, we suggest the safest practice is usually to start again by drawing a new will revoking the previous will entirely and thus avoiding any confusion. The words of revocation are not clear, the earlier will remain.
Revocation of Will by Destruction: a will, or part of a will may be revoked by the destruction of the will by the testator or by the testator’s direction and by sufficient destruction, with the testator’s intention of revocation. The intention to destroy and the act of destruction must coexist for a valid destruction. The Wills Act requires both that the testator intends a revocation by destruction and witness or participate in that destruction, whether it be the testator or his or her agent who physically effects the destruction. Partial destruction will not revoke the entire will unless those parts of the will left intact cannot stand on their own. The destruction must not merely be symbolic, but result in actual 'physical injury' to the will, such as cutting the will into bits which could not be pieced together or total incineration. The intention to revoke, no matter how clear it may be, is not enough without a completed act of destruction of the will. Similarly, destruction without intention to revoke does not revoke the will.
#EstatePlanning#LegalAdvice#WillsAndTrusts#ExecutorResponsibilities#FamilyLegacy#FinancialPlanning#ProbateProcess#InheritanceRights#TestamentaryCapacity#Guardianship#AssetDistribution#ProtectYourLegacy#LegalTips#WillsLaw#RevocableTrust#aalawsng#lawfirmsinibadan
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Tempted by the allure of cheap estate planning? 🤔
Thinking about using a DIY Will or Trust to save money? It might seem like a smart choice at first.
But, these online shortcuts can lead to big issues, like legal mistakes and family disagreements, not fitting your unique needs if you don't care.
Read our latest blog article to learn more: https://bit.ly/diywillsandtrustrisk
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Ensure a smooth transition of your assets and protect your loved ones' future with our tailored estate planning solutions in Kingston. for more information visit :
#EstatePlanning#Kingston#WillsAndTrusts#LegacyPlanning#EstateLaw#FamilyWealth#ProbateProcess#FinancialPlanning#Inheritance#EstateAdministration#EstateTax
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Probate Peace: Get Answers with a Free Consultation from Our Skilled Attorneys
With the help of our knowledgeable free consultation probate lawyer, handle probate with ease. Make sense of the circumstance, comprehend the steps involved, and consider customized solutions. You can rely on Probate Peace to help you navigate the complex legal system. They provide a free consultation so you can make educated decisions and feel at ease.
#ProbateLawyer#FreeConsultation#EstatePlanning#LegalAdvice#Inheritance#ProbateProcess#EstateSettlement#WillsAndTrusts#LegalGuidance#FamilyLaw#ProbateAssistance#ConsultationOffer#LawyerServices#ProbateHelp#EstateLaw#LegalSupport#ProbateExperts#PlanYourLegacy#Inheritancelaw#LegalConsult#LegacyPlanning#LawyerConsultation
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8 Common Problems with Transfer on Death Deeds and How to Fix Them https://www.lexinter.net/common-problems-with-transfer-on-death-deeds-and-how-to-fix-them
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Planning for the golden years? An elder lawyer might be your best ally.
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In the intricate world of estate planning, beneficiary designations, and trusts serve as two dominant threads! https://legacyassuranceplan.com/articles/beneficiary/trusts-and-beneficiary-designations-compare-regarding-flexibility
#beneficiarydesignations#trusts#financialplanning#legacyplanning#wealthmanagement#willsandtrusts#familywealth#inheritanceplanning
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TODAY APRIL 25TH FREE WILLS, TRUSTS AND ESTATE PLANNING WEBINAR
Once you have passed, your loved ones are left with all you acquired: your wealth, your estate, your legacy. To ensure that your assets go to your loved ones as you wish, it is vital you have the proper estate plan. This webinar provides general estate-planning information and discusses several options you may wish to include in a new plan or in updates to a current plan, including:
• The advantages and disadvantages of Wills and Living Trusts
• Maintaining your privacy and how you may protect your estate against a living probate
if you become disabled
• Planning before you need Long Term Care
• Why putting property in children’s names may be a mistake
• How you may protect your children’s inheritance from their future ex-spouses, lawsuits, and other claims
• How you may protect your estate for your kids if your surviving spouse gets remarried
• How Probate works and more importantly, how you may avoid Probate altogether!
• Providing for special needs (disabled) children, grandchildren, and your pets
The webinar closes with a detailed overview of our firm’s process and an opportunity to ask any questions you may have. Finally, at the conclusion of the webinar you may arrange for an initial consultation with Ms. Pizzolato to discuss your specific estate planning, if you would like.
#fort myers#floridaestateplanning#floridabusinessowner#floridafamilies#florida lawyer#florida#probateattorney#probate#willsandtrusts#northfortmyers#marco island#estero#capecoral#bonitasprings#southwestflorida
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A Quick & Simple 5-Minute Guide to the Power of Attorney Act
#powerofattorney#estateplanning#wills#trusts#probate#lawyer#livingwill#estateplan#notarypublic#attorney#realestate#livingtrust#estateplanningattorney#familylaw#assetprotection#legal#elderlaw#willsandtrusts#estate#law#mobilenotary#notarysigningagent#will#guardianship#trust#healthcaredirective#loansigningagent#divorce#personalinjury#estateplanninglawyer
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WILL PART 2
REQUIREMENT OF A VALID WILL
A valid will must be in writing: It is imperative that a person has to take note of this important condition that a will can be typed, printed, or handwritten. It is a legally binding document that must be made in writing in order for it to be enforceable.
An individual of legal age can make a valid, He/she must be at least 18 years of age, with sound mind meaning that he/she understands that a will is being made and is the same as at the time of making the will.
A will must be made voluntarily without any external influence.
The will must be signed by the testator or any person he chooses on his behalf who then must sign in his presence and by his directions.
The testator must acknowledge his signature in presence of two (2) witnesses who must be present at the same time. Acknowledgement can be by word or conduct
The witnesses must themselves sign the will in presence of the testator. It is important to note that a witness cannot be a beneficiary to a will, and any gift given to a witness will be null and void. Choosing people who are not beneficiary to the will as witnesses will prevent a conflict of interest and ensure confidentiality. Therefore, the testator’s spouse and children cannot attest to a will, since they are definitely going to be beneficiaries in it.
A blind person can make a valid Will and there must be a Caveat in the Will stating that the Will was read to the blind person and was signed by the person. However a Will can not be attested by a blind person.
There is however an exception to the making of a Will, a person who is not of a legal age and serves under any form of military service can make a valid Will.
CONTENTS OF A VALID WILL
The full name and address of the testator.
The names and address of the executors who will be in charge of the testator’s assets and ensure that the wishes under the will are carried out.
The full names and addresses of the beneficiaries in the will, and where the beneficiaries are minors, the particulars of the guardian appointed for them.
A full list and particulars of the testator’s assets; all the assets of the testator both real and personal should be listed, and how he wants the assets shared among the beneficiaries.
The names and addresses of witnesses to the will.
Signatures of the testator and that of the Witnesses.
REVOCATION OF A WILL
There are four ways in which a Will may be revoked as follows; by marriage, by making another Will, by writing to revoke and by destruction.
Revocation of Will by Marriage: The testator’s marriage will automatically revoke any existing wills and codicils.This revocation occurs by operation of law, whether or not the testator wishes or intends such a revocation. Unfortunately, not all married persons are privy to the knowledge of this deemed revocation and the law may occasionally be viewed as creating some hardship to the disappointed beneficiaries. The rationale for this rule however, is to ensure that any children and new spouse will benefit, that is by creating an intestacy in the absence of a new will. In Section 11 Wills Edict 1990 0f Lagos State, the typical law states:
“Every Will made by a man or woman shall be revoked by his or her marriage (other than a marriage in accordance with customary law) except: A will expressed to be made in contemplation of the celebration of that marriage. Provided that the names of the parties to the marriage contemplated are clearly stated”.
An exception to this general rule is made if, and only if,
Wills made in exercise of a power of appointment in which the person appointed will not default of the appointment but it passes to his or her executor or administrator.
Wills expressed to be made in contemplation of celebration of a marriage where the names of the parties to the marriage contemplated are clearly stated.
Revocation of Will by Voluntary Act: Pursuant to Section 14 of the Wills Act, a will may be revoked, in whole or in part, by the formal execution of a written declaration of revocation, whether this declaration stands alone or is found as part of a subsequent will or codicil. To be effective, however, the testator must intend to rescind the prior will, in whole or in part. It requires both a written declaration expressing the testator’s intent to revoke the prior will and requires that such a declaration be properly executed in compliance with the Wills Act formalities. Most often the revocation will be included in a new will or codicil however that is not required so long as the declaration of revocation is properly executed in compliance with the Wills Act formalities. From a practice standpoint therefore, where a testator wishes to make changes to a previous will, we suggest the safest practice is usually to start again by drawing a new will revoking the previous will entirely and thus avoiding any confusion. The words of revocation are not clear, the earlier will remain.
Revocation of Will by Destruction: a will, or part of a will may be revoked by the destruction of the will by the testator or by the testator’s direction and by sufficient destruction, with the testator’s intention of revocation. The intention to destroy and the act of destruction must coexist for a valid destruction. The Wills Act requires both that the testator intends a revocation by destruction and witness or participate in that destruction, whether it be the testator or his or her agent who physically effects the destruction. Partial destruction will not revoke the entire will unless those parts of the will left intact cannot stand on their own. The destruction must not merely be symbolic, but result in actual 'physical injury' to the will, such as cutting the will into bits which could not be pieced together or total incineration. The intention to revoke, no matter how clear it may be, is not enough without a completed act of destruction of the will. Similarly, destruction without intention to revoke does not revoke the will.
#EstatePlanning#LegalAdvice#WillsAndTrusts#ExecutorResponsibilities#FamilyLegacy#FinancialPlanning#ProbateProcess#InheritanceRights#TestamentaryCapacity#Guardianship#AssetDistribution#ProtectYourLegacy#LegalTips#WillsLaw#RevocableTrust#aaLawsng#lawfirmsinibadan
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Many miss the critical step of including their partner in estate plans, risking their future security.
Our blog reveals how including your partner in your Will is a powerful act of love, ensuring their protection and peace of mind.
Here's the true depth of commitment through thoughtful estate planning. Learn more here: https://lnkd.in/gFfV6zvg
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Ascentim Legal:Wills and probate services in London
Ascentim Legal provides the best wills and probate services in London that helps clients to solve their legal issues and problems.
This is also a competent organization for solving legal problems by providing services in a wide range of practice areas, we excel in achieving our client's goals across England and Wales.
We have the best services that include will writing, Administration of an estate, Lasting Power of Attorney, Litigation, Obtaining a grant of probate, and inheritance tax. Ascentim Legal Solicitors offers clear and focused advice to clients at what is often a difficult time, when financial matters may be the last thing on a client’s mind. If you are facing complicated issues regarding wills and probate, contact Ascentim Legal Solicitors, the best wills and probate services in London
For Advice Call Us Now: 020 7648 5461
[email protected] | www.ascentimlegal.com
Instagram: https://www.instagram.com/ascentim_legal
Facebook: https://www.facebook.com/ascentimlegalsolicitors
Twitter: https://twitter.com/AscentimLegal
Linkedin: https://www.linkedin.com/company/ascentim-legal-solicitors/
#ascentim#ascentimlegalsolicitors#legalsolicitors#solicitor#solicitorsuk#will#willwriting#willwritingservice#legaladvice#LegalAdvisor#legalservices#lawfirm#boutiquelawfirm#london#LawFirmUK#uklawyers#lawyers#legalwork#legalpractice#willsandtrusts#trust
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For your peace of mind, have a free consultation with an expert probate lawyer
Take control of your family's destiny by contacting our knowledgeable probate lawyer for a free consultation. Make wise selections and smoothly navigate the intricacies of probate. Set up your complimentary appointment right now to receive individualised legal advice and guarantee a seamless estate settlement procedure.
#ProbateLawyer#FreeConsultation#EstatePlanning#LegalAdvice#Inheritance#ProbateProcess#EstateSettlement#WillsAndTrusts#LegalGuidance#FamilyLaw#ProbateAssistance#ConsultationOffer#LawyerServices#ProbateHelp#EstateLaw#LegalSupport#ProbateExperts#PlanYourLegacy#Inheritancelaw#LegalConsult#LegacyPlanning#LawyerConsultation
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Do You Need a Will if You Have a Trust? https://www.lexinter.net/do-you-need-a-will-if-you-have-a-trust/
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Your legacy deserves better than these common estate planning missteps.
#estateplanning#estateplanningmistakes#willsandtrusts#financialplanning#legacyplanning#avoidingpitfalls
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Safety deposit boxes are a go-to place for everyone to store valuable and other important stuff. But ever wondered whether banks can deny you access to safe deposit boxes. And what are the reasons behind the denial? You can go check our detailed blog about banks' status on denial to your safety deposit box, and secure your valuables before it's too late.
estateplanning #lawfirm #lawyer #estateandtrusts #probate #estateplannnigchecklist #law #lawyerasthetic
attorneywillsandtrustsnearme #comprehensiveestateplanning #estatesandtrusts #willsandtrusts
#attorney#financial planning#estate planning#asset management#law firm#assetprotection#estate manangement#finance#financial#local estate planning lawyers
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