Death is an unavoidable reality of life. With this in mind, planning for the future is essential. A will enables an individual to bequeath their estates to whomever they wish legally. While writing a will is a morbid topic, getting your affairs in order is advised to avoid ugly scenes of your dependents fighting for a property. However, you must think through the process before writing a will. Here are a few considerations in this regard.
Lack of Mental Capacity -- The law requires that a person of sound mind draw up the will. Therefore, individuals need to prepare a will early in life as opposed to waiting until they become senile to make one. Do it now because a will can always be reviewed later. When a decree is made that a person lacked mental capacity when preparing a will, the instructions might be contested in court, with non-satisfied parties making an estate claim during the probate process. For instance, many courts side with estate claimants who can prove that a will was drafted when the owner was not of sound mind. Therefore, talk to your lawyer for advice on how and when a will can be prepared to minimise conflicts later.
Compliance -- Although the writing of wills is personal, it is strictly overseen by the law to ensure fairness is achieved. If a will fails to comply with stipulated requirements, then the document might be annulled in court. For example, you must sign every page in a will and involve at least two witnesses. Most importantly, your details must be included in a will, including your name, age, and gender. Fortunately, a lawyer can advise you on what to include in a will to avoid conflict.
Dependent Provision -- Most wills are meant to ensure that your family members and other dependents are not financially disadvantaged in your absence, especially financially. The law expressly states that minors should be included in a will since they are still unable to fend for themselves. When writing a will, ensure that you consider these aspects to minimise contestations in court. For instance, if a child feels that they were left out or unfairly considered in a will, they can seek redress. It is highly advised that you engage a lawyer and your dependents when drafting a will since it eliminates conflict during the probate period.
To learn more, contact a wills and estates lawyer.
