A Will Essay

Introduction A will is a legal document that a person uses to dispose of their estate upon death. In essence, one specifies who should take over the ownership of the properties. More so, one makes a determination on which property should go to whose custody and at what time. Different persons have varying wishes on how they would want the property to be managed. For instance, one may want to exercise control over their property to have it remain in the hands of their beloved ones without being disposed. Under such circumstances, the drawer of the will drafts the terms putting into writing such intentions. In summary, people use the space provide by wills to expresses their intentions to the people they leave behind. The person for whom the property is in question is known as a testator, and the property in question is legally known as an estate. A will takes effect only after the death of the testator. At common law, an instrument serving the purpose aforementioned is known as a testament. A person who dies having made a will, in the law of succession, is commonly said to have died testate.The effect of a will A will though draw by a single person during their lifetime, casting their intention on the future, it designed to have a binding and lasting effect on the persons so specified. A will contains mandatory obligations on the part of the part of the person seeking to implement the law. A person seeking to enforce the will, would be out of order to try to amend the terms of the will in attempt to factor in person who was left out by the will or to vary the terms of the will to award a smaller or a bigger share contrary to the terms of the will. The guiding policy in the will is the desire to respect the wishes of the testator, however, strange they might be. The law places, succinct procedure and considerations to be followed when making wills. The ultimate aim of the guidelines is to guarantee sobriety when drawing the will. The drawer of the will is expected to express them succinctly for the single reason of the validity of the will. A vague will is not only difficult to understand but is also difficult to implement. Likewise, the terms of an ambiguous will are bizarre to comprehend. A person who dies intestate leaves their property to devolve to the legal beneficiaries according to the law of the land.Purpose of the Will A will serves several purposes. For instance, the testator uses the forum to select their heir other than allow the courts to dictate the heirs according to the law of descent. More so, a will allows one to make a sound decision on who could serve best as an executor of the estate answering to their wishes, as opposed to leaving it for the court to appoint a stranger for the purpose as a legal administrator. Furthermore, a will presents a crucial forum for one to decide on who should serve as a guardian so raise the children of the deceased.Requirements of a Will Validity of will is contingent on three things. One, competency of the testator is crucial. Competency of testator varies across States, but primarily mental stability and requisite age at the time of drawing of the will are an imperative. Secondly, the document assuming the face of a will, must meet execution requirements of statutes. The purpose of the requirements is to ensure that the document is not a fraud. Finally, the document must reflect the manifest intention of the testator to have the document accorded legal effect. Failure to satisfy the criterion set leaves the proponents of the will with a difficult time defending the validity of the against attackers with pecuniary interest with the state of the deceased.