If you like this post about making a will / preparing a will, please make a donation to me (Good will donation, charitable donation) by clicking on any of the two donate buttons on the left of this page. Thanks.
Since you started understanding your environment, it is the same time you knew that a will existed. It is the time when most of the young ones start picking interest in the riches of their parents with the assumption that when they die, the wealth will be passed on to them through a will. And as you grow and have kids, you also get advised about making a will. Some times you wonder what a will is, why it should be made, what it looks like and who should make it?
The word “will”, which I am referring to here, in this sense is different from the English auxiliary verb “will” which has the mandatory sense of “shall” or “must”. This verb means a wish, desire, pleasure or choice.
However, the “Will” referred to in this post can be defined as an instrument by which a person makes a disposition of his real and personal property to take effect after his/her death. A will, by its own nature is ambulatory in that it can be changed by the maker during his life time and revocable, meaning that it can be challenged.
When you make a will, it takes effect after you the will maker dies. However, for where a will is involved, the death of the one who made the will must be established as there may be opportunistic causes. The bible also says about this fact in Hebrews 9:16-17.
You have now reached this far and I thank you for reading up to this lengths. Let me give you more value for your stay on this page by informing you that certain issues must be taken into account while preparing a will in order to ensure that a will is legally valid.
There is a story I read about a polygamous old man of three wives living in different houses. On his death, his will was read and it was found that he had left all his property to the wife who had bore him two sons and nothing to the other two wives who had three girls each.. This same man had also requested that that he be buried in his marital home while standing. This story originated from Africa where such things are a common occurrence ( I also come from that beautiful part of the world).
Although this was the old man’s wish, it was challenged and declared invalid for being unfair, unpleasant and offensive. I hope you also agree with me here. So this means that the contents of the will should not be divulging.
Who can make a valid will?
The right of the individual to direct the disposition of his property both during his/her lifetime and after his/her death increases the instinct of acquisition and causes a man to strive with all his might. This is why it is very important for one to be able to write a will that is valid.
According to the information I have gathered across the world, many societies stipulate that anyone who has reached the age of 18 years and is of sound mind can write a will ( is capable of writing a will). Note that, the above statement does not discriminate of sex, race or educational background. An illiterate person of sound mind and above 18years may make a will with the help of a literate but trusted person such as a will lawyers or will artorney. Like wise, a married woman may, by will dispose of any property which she could alienate by her own act during her life. A person who is deaf, dumb or blind may also make a Will if they are able to understand what they are doing.
No person can make a will while they are in a state of drunkenness, illness, or from any cause that they do not know what they are doing. What this means is that, one should know what they are doing while making a will. A person who is ordinarily insane can only make a will during an interval in which he or she is lucid.
A will that has been made by deceit, fraud or coercion is void or not legally valid. This implies that a person should never be forced coerced or deceived into making a will.
This brings us to what must be contained in a valid will?
A person making a will (testator) should use simple language to describe all his property in the will, the persons who are being given this property, specify the proportions, and the person who is to execute the will (Executor). If one has children, he or she may appoint a guardian for these children.
For a will to be valid, it should be written down on paper or any other appropriate material, dated and signed by the person making it. This must be in the presence of at least two or more witnesses who must attest or sign the will in each other’s presence after the testator has attested. In case of an illiterate testator, the will must be read to them and after they acknowledge, they affix their thumbs in the presence of the witnesses.
In some societies, they allow their armed forces in war fare to make privileged wills, where by they can make the will either in writing or by word of mouth and it needs not be signed by the privileged will maker or witnesses.
It is of utmost importance if you want your will not to be challenged, that you provide for every body who is dependent on you such as the wife, children (legitimate, illegitimate and adopted) and dependant relatives (a parent,brother,sister,grand parent or grandchild who, on the date of the death of the maker was wholly or substantially dependent on the deceased for provision of the ordinary necessities.)
Well, I will stop this post here for today. In the nest post which will come next week, we shall continues with this article and look at where can a will be kept, can it be revoked or altered and all other necessary points.
If you have liked this post about making a will so far, I please request you to make a small donation to me by clicking on the donate buttons on the left of this page. Your good will donation will help me keep this blog updated and help me solve some of my most pressing needs. If you need more information as of why I need your donation, Please click here and read why you should make a donation to me and why I need donations.
|
My StumbleUpon Page
No comments:
Post a Comment