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Wills - Answers and Information
Requirements

Requirements


You must be of sound mind and body.  This means that you must:
- Be at least 18 years old or legal age for the state or province you are living in or an emancipated minor.
- Know what a will is.
- Know that you are making a will.
- Understand the relationship between yourself and the people who care for you (i.e. immediate family members, including spouse and family).
- Expressly state that this document is your will.
- Sign and date the will.
- Signed ("attested") by at least two or three witnesses in order to validate it. The number of required witnesses depends on state or province law. It is recommended the witnesses not be related to you.

You must have a substantive provision that:
- Appoints a guardian for any minor children.
- Lists who inherits specific items.
- States what happens to remaining property not specifically mentioned in the will.

You must appoint an executor:
- Responsible for supervising the distribution of property.
- Makes sure that all your debts and taxes are paid.

Requirements for a Trust:
- Valid declaration of trust form.
- Sign over the required deeds for property such as homes and automobiles that will be included in the trust.

It is suggested that if you had previous wills, instructions should be provided as to where they may be located as this will is the only one in operation.


If you think you might have a Wills case, Contact our Wills Lawyers Immediately for Help.


Wills Resource Center

  • Answers and Information
    Answers to frequently asked questions about Wills.
  • Creation and Modification
    A overview of the process and reasons for making and changing a Will.
  • Living Wills
    An overview of Living Wills.
  • Probate
    An overview of Probate.






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    October 11, 2008
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