LawForumLawForum
Will Contests

Locate a Lawyer

Choosing a Lawyer

For Lawyers

Legal Resources

About the Law Forum



Info About Will Contests

Contesting a Will
Estates and Probates
Wills and Trusts
FAQ's


Practice Areas

To locate an attorney to evaluate your case, choose from a practice area below:



Free Case Evaluation




Wills Contests
Wills and Trusts - Wills

What is a Will?
A will is a legal instrument by which the person making (executing) the will (called the "testator") directs how and to whom his/her property is to pass upon death. A will is said to be "ambulatory." That is, it only takes effect upon the death of the testator. Consequently, the testator can change or revoke his/her will any time prior to death.

While laws may differ from state to state, there are four requirements that are generally recognized as essential to a valid will.

  1. The testator must have had testamentary intent when the will was executed (signed);

  2. The testator must have had the requisite testamentary capacity when the will was executed (signed);

  3. The execution (signing) of the will must have been free of fraud, duress, undue influence and mistake;

  4. The will must have been executed (signed) in conformity with state law requirements - this is often referred to as "due execution."
How is a Will Made?
A will is a legal instrument and therefore usually prepared by an attorney. The attorney will meet with the client, discuss the client's intentions, answer the client's questions, and then prepare a will that reflects the client's wishes. The will is then reviewed with the client to make sure it reflects the client's wishes. Once finalized, the will is then "executed" by the client. This means that the client signs the will in accordance with all legal requirements - the most common of which is signing the will in front of two or more witnesses.

Types of Wills
A will is a will is a will… Not really. A will is often characterized by how it is made and/or for what purpose it is made. Consequently, there are recognized "types" of wills, These include:

  • "Noncupative" will - an oral will

  • "Oral" will - a will that is made orally by declaring one's wishes to another. Few states recognize the validity of an oral will.

  • "Holographic" will - a will that was hand-written by the Testator.

  • "Living" will - this generally refers to an "Advance Directive" which is a document that sets forth the medical care a person desires if he/she is in the last stages of a terminal illness or in a persistent vegetative state;


If you believe you have been wrongfully deprived of all or a portion of your rightful inheritance, you must act immediately to protect your rights. Please click here if you would like us to review your situation.



Choose the state where you live to locate a Wills and Trusts lawyer near you.

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
Washington, D.C.
West Virginia
Wisconsin
Wyoming







Locate a Lawyer   |   Choosing a Lawyer   |   For Lawyers   |   Exchange Links   |   About the Law Forum


LawForum
Copyright © 2004 LawForum. All rights reserved.