Elements of a valid will
Writing a will is perhaps one of the best things a person can do to self and their loved ones. A will is a legal document that not only protects one’s spouse, children, assets, and relatives but also outlines how the person would like things to be handled after they pass on (Davis, 2014). Some of the reasons why one would prepare a will include outlining decisions of how their assets will be distributed to their family members, who will take care of their young children, minimize estate taxes, and disinherit persons who would otherwise, inherit one’s property
An individual can write their will at any time. However, do-it-yourself wills, as in the case of Ella, would be risky without the advice of an expert attorney (Helmholz, 2018). Sometimes, as individuals, one cannot foresee probate issues, and this requires an expert in formulating a will. This will help save one’s family from being haunt by probate and will issues. Having a legal will by involving an independent executor and clearly identified beneficiaries can help to reduce emotional stress on an individual’s loved ones. Also, Ella must have testamentary capacity. That is, she should put in writing that she is of sound mind and is writing the will in her own accord (Davis, 2014). However, Ella cannot write due to her medical condition. So, if the will is to be typed, she must sign the will and must be attested by two persons, who act as witnesses and are not part of the beneficiaries (Helmholz, 2018). Although Ella cannot sign her will even after being typed, she can let someone who often signs her name when she is unable to write to sign her will in the presence of her witnesses. Ella should also name an executor in her will. An executor is a person who serves as Ella’s representative and will present the will for probate and ensure that Ella’s wishes are carried out.
Writing a will is paramount to avoid conflicts after the death of a loved one. A will is a legal document written by a person stating how their property should be distributed, and all their wishes are written down in it. It should be written while observing a country’s laws, preferably under the guidance of an expert attorney to avoid errors and subjecting loved ones to emotional suffering. One should be of sound mind, must be aged above 18 years, and must declare that they self wrote the will.
References
Davis, J. (2014). On writing one’s own advance directive. Advance care planning: Communicating about matters of life and death, 209-218.
Helmholz, R. H. (2018). Deathbed Strife and the Law of Wills in Medieval and Early Modern England. In Planning for Death (pp. 239-257). Brill.