What is a Last Will?

A last will or testament is a legal declaration by which a person, the testator, names one or more persons to manage their estate and provides for the transfer of his property at death. There is no legal requirement that a will be drawn up by a lawyer, although there are pitfalls into which home-made wills can fall. It is particularly dangerous since the person who makes a will is not available to explain him or herself, or to correct any technical deficiency or error in expression, when it comes into effect on that person's death. Thus there is little room for error. After the testator has died, a probate proceeding may be initiated in court to determine the validity of the will or wills that the testator may have created which will satisfy the legal requirements, and to appoint an executor. If the will is ruled invalid in probate, then inheritance will occur under the laws of intestacy as if a will were never drafted. Often there is a time limit, usually 30 days, within which a will must be admitted to probate or lodged with the court. Only an original will can be admitted to probate in the vast majority of jurisdictions – even the most accurate photocopy will not suffice. Therefore it is very important that any original will is kept in a safe location and that the proposed executor knows of its location.  Let Sagaria Law help make sure your will can withstand the legal scrutiny that can arise in probate.
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