A will is a document that specifies who will receive your property when you die. A will can also name a personal guardian for your minor children or leave property you do not currently own but expect to receive. A will can be used to name your executor or personal representative, who is responsible for supervising the distribution of properly left by your will. There are several provisions that may be written into in a will document to ensure that your property is properly transferred to your intended beneficiaries.
In order for a will to be valid and enforceable, the testator must comply with several requirements. A properly executed will must be in writing, signed by the testator and signed by two witnesses or acknowledged before a notary public. We take the time necessary to create comprehensive estate plans, secured through legal and financial checks and balances, and fail-safe measures. We protect assets through careful financial planning, and we anticipate problems before they arise in order to make sure your financial legacy stands the test of time.
Additionally, our estate planning attorneys can assist you in implementing several techniques to prevent a will contest. For example, a testator can include a no-contest provision or forfeiture clause in their will that provides that a beneficiary who contests the will loses at least some or all of the benefits given under the will. Another effective technique to prevent will contests is to obtain affidavits from witnesses who observed the testator at or around the time the testator executed the will. Finally, a testator could record a video of the will execution ceremony to establish testamentary capacity, intent, and compliance with will formalities. Our attorneys can assist you in determining which technique would be most effective for your estate planning needs. |
