12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Definition of Last Will and Testament in Seymour, IL

Definition of Last Will and Testament in Seymour, IL


There are only two lasting bequests we can hope to give our children. One of these is roots; the other, wings.
 
- W. Hodding Carter


A will or testament is a legal document that declares the distribution directives of the person or the testator's property at death. It also contains the person who will manage his estate and has the authority to distribute the property of the testator upon his death, as written on his will or testament.

How to Create a Last Will and Testament

A sound mind and a legal age are the requirements for any person to create his or her own will and testament. Other than these, additional requirements may vary depending on the jurisdiction but as general may consist of the following requirements:

• There should be a clear identity of the maker or the testator writing the will and that he is making a will. This "publication" should include the typical words like "last will and testament" on the face of the document.

• All previous will and codicils should be revoked by the testator, in order for the subsequent will to be fully in effect.

• The testator must demonstrate his capacity to freely and willingly dispose his property without question as to the soundness of his decisions.

• There should be two disinterested witnesses when the testator signs and date his will. Extra "supernumerary" witnesses should be present in case there is a question, like an interested party conflict.

• Witnesses that are designated to receive a property under a will can, in some cases, invalidate their status as a witness. A growing number of states in the U.S. declares that an interested party cannot be made into a witness only on the clauses that benefits him or her.

• The signature of the testator should be place at the end of the will. Any text that follows after the testator's signature will be ignored or can be declared invalid.

• All the beneficiaries should be clearly stated in the will. Some jurisdiction allows a valid will that revokes the previous one, revokes a certain disposition or names an executor.


Types of Will

• Nuncupative (non-culpatory). This type of will is use by sailor and military personnel. It can be in oral or dictated form.

• Holographic. The material terms and signature of this type of Will should be done using the handwriting of the testator himself.

• Self-proved. Affidavits are affixed of subscribing witnesses to avoid probate.

• Notarial. This is prepared by a civil-law notary. This is a will in public form.

• Mystic. This type of will is sealed until death.

• Serviceman's will. This is an informal will done by a person in active-military duty.

• Reciprocal /mirror/mutual/husband and wife wills. Two or more parties are involved in making wills that has identical or similar provisions in favor of each other.

• Unsolemnwill. The name of the executor is unknown.

• Will in solemn form. Signed by witnesses and testator.


International Wills

International wills refers to the will made anywhere by any person of any nationality. International will seek to be recognized and proven valid in every country which was ratified or ascended during the international convention held in Washington DC. This convention that occurs in 1973 provided a universally recognized code for wills not made locally. That gathering was open for signature and was called "convention providing a Uniform Law on the Form of an International Will".

Probate

Probate proceeding is initiated in court when the testator has died in order to determine validity of the created will or wills of the testator. A witness will be called in order to testify or sign a "proof of witness" affidavit.

In a self-proving will, statutes have to be provided during the execution of the will. Witnesses' testimony may be forgone during the probate. If the will is proven invalid during the probate, the inheritance will follow the laws of intestacy, as if the will is not existing or never been drafted. Around 30 days is the time limit as to the proving of the will or probate. Only the original will can be admitted to undergo probate in most jurisdictions.


Revocations

The testator can revoke the will he made through physical destruction or by deliberate burning or tearing the document. Striking out his signature can also be a sign of revocation of the will. Partial revocation is allowed where the crossed out part of the document is considered revoked. The testator can also revoke the physical act of another when done in his presence and other witnesses. A will can be considered invalid or does not exist if it is found to be mutilated or has disappear after the death of the testator.An execution of a new will by the testator will invalidate previous will. Most courts will compare and read both wills together before deciding on the validity and consistency of the will. Complete revocations of a will can revive the next most recent will. Revocation can also mean that the testator has no will thus his heirs will inherit through inherit succession.

Dependent Relative Revocation

Dependent relative revocation (DRR) is an equitable doctrine in which court may disregard a revocation that was based on the mistake of law on the part of the testator as to the effect of the revocation. This doctrine will be applied by following the requirements of the courts. First, there should be an alternative plan as to the disposition of the property. Second, there should be clear and convincing evidence of the testator revoking the will. It can be done in terms of a revoking instrument.

Election under the Will

This refers to the probate statutes that permit the surviving spouse to choose to receive a particular share of the deceased spouse which is not written in the will but will be given in lieu of the specific share stated in the will.

 
Personalize & Print a Free IL Last Will Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Related Legal Services near Seymour, IL
Pancratz James E
5N137 Middlecreek Ln
Saint Charles, IL 60175
(630) 443-9616
Attorneys
Newman Jim
40W310 Lafox Rd Ste J2
Saint Charles, IL 60175
(630) 587-8300
Attorneys, Legal Service Plans
Glenn Michael R
320 W Central St
Nokomis, IL 62075
(217) 563-7777
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Probate Law Attorneys,  Malpractice Law
Alvarez Law Office
216 E Sangamon Ave
Petersburg, IL 62675
(217) 632-7510
General Practice Attorneys, Attorneys, Legal Service Plans
Villa Law Firm
40W270 Lafox Rd
Saint Charles, IL 60175
(630) 797-7406
General Practice Attorneys, Attorneys, Legal Service Plans
Griffins Hoskins
40W320 Lafox Rd
Saint Charles, IL 60175
(630) 584-6327
Real Estate Attorneys, Attorneys, Legal Service Plans
Tatnall Susan B
2445 Dean St # G
Saint Charles, IL 60175
(630) 587-5600
Family Law Attorneys, Attorneys
Weiler & Lengle PC
2445 Dean St
Saint Charles, IL 60175
(630) 587-5600
Attorneys
Moguel Rachel
40W320 Lafox Rd
Saint Charles, IL 60175
(630) 513-5461
General Practice Attorneys, Attorneys, Legal Service Plans
Divorce & Family Law
320 W Central St
Nokomis, IL 62075
(888) 261-5288
Family Law Attorneys, Attorneys
Teykl James S
203 Hillcrest Ln
Steger, IL 60475
(708) 754-4200
General Practice Attorneys, Attorneys
Strohschein Law Group LLC
2455 Dean St
Saint Charles, IL 60175
(630) 377-3241
Elder Law Attorneys,  Wills, Trusts & Estate Planning Attorneys,  Attorneys,  Family Law Attorneys
Barringer Jerry
200 W Front St
Nokomis, IL 62075
(217) 563-2646
General Practice Attorneys, Attorneys, Legal Service Plans
Lipsky Nolan
120 E Jackson St
Petersburg, IL 62675
(217) 632-2612
Attorneys, Legal Service Plans, Criminal Law Attorneys, Family Law Attorneys, General Practice Attor
Griffin Patrick M
4N701 School Rd Ste A
Saint Charles, IL 60175
(630) 524-2566
Corporation & Partnership Law Attorneys, Attorneys, Legal Service Plans
Villa Robert K
4N701 School Rd, Ste A
Saint Charles, IL 60175
(630) 524-2563
Corporation & Partnership Law Attorneys, Attorneys, Legal Service Plans
Grosboll Becker Tice Tippey & Barr
101 E Douglas Ave
Petersburg, IL 62675
(217) 632-2282
Traffic Law Attorneys,  DUI & DWI Attorneys,  Estate Planning Attorneys,  Family Law Attorneys,  Att
Robertson Lowell Jr
618 E Union St
Nokomis, IL 62075
(217) 563-2271
General Practice Attorneys
Rogaliner Susan W
2445 Dean St # H
Saint Charles, IL 60175
(630) 513-1116
Family Law Attorneys, Attorneys, Legal Service Plans
Patrick J. Ahern, J.D., LCSW
2210 Dean St Suite O-1
Saint Charles, IL 60175
(630) 338-0744
Social Workers,  Attorneys,  Mediation Services,  Marriage, Family, Child & Individual Counselors,
Peskind Steven
2445 Dean St # E
Saint Charles, IL 60175
(630) 444-0701
Family Law Attorneys, Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US