» Wills

Wills

When people think of a will, they typically think of a last will and testament. This is a legal declaration by the person writing a will, often called the testator, who names one or more people to manage their estate/transfer property when they die.

At one time, the term “will” only referred to real property, and the testament portion only saw to the distribution of personal property, hence, why most people refer to their will as their last will and testament. There is no distinction between real and personal property in a will these days. Some wills may even create a trust that kicks in only when the testator has passed on.

While there is not legal requirement for a lawyer to draft a will, there are many pitfalls that may befall a will that is drafted without legal counsel. Once a person has died, he or she cannot explain what was meant if there is a question in a homemade will. If there are technical difficulties, they are difficult to resolve.

There are some jurisdictions that will recognize a holographic will, solely handwritten by the testator, or written by the testator with what materials they had on hand. There are two unique features of a holographic will – one that it is handwritten and that it need not be witnessed.