A will is a legal document in which an individual decides how to divide his or her assets and property. A will is also the place to name a guardian for your minor children or dependents. In many cases, a will is also an appropriate place to make burial arrangements and provisions. A will is an important document because it ensures that your property is divided in an approved manner. In creating your will, you often will have a few options. In general, many states recognize many different will types including a written attested will, an oral or nuncupative will, and a holographic or handwritten will.
Attested Will
The most common will is probably the attested will. In most states, this will has to be entirely handwritten and submitted with the signatures of at least two witnesses. Some states will accept a holographic or handwritten will. This is a fully handwritten will and in many states it does not require any witnesses. The only requirement is that the will must be fully handwritten and signed by the will-maker. Often problems arise when a court cannot determine if the will was truly written by the will-maker or decedent. If the issue arises, many courts will determine if the will contains the handwriting of the decedent. Only about twenty states currently recognize this will type.
Oral/Nuncupative Will
These wills are entirely oral and are usually made during the will-maker’s last illness. The will must be made in fear of impending death and the will-maker cannot survive the last illness for the will to take effect in many states. Moreover, in some states, the will must be made before two witnesses. Oral wills are only accepted in a few states and are often only accepted in emergency situations.
Joint/Mutual Wills
Many states also recognize joint or mutual wills which are documents that distribute the property of two or more people. These wills are mainly used by married couples. Additionally, some states recognize statutory wills. These are wills that contain standard terms and language provided by state law. In many cases, a person just needs to fill a simple form to have a statutory will created.
Self Proving Will
This is a will that includes a self-proving affidavit or document that must be notarized. This process ensures and certifies that the witnesses and the will-maker signed the will properly. Making a will self-proving makes it easier for courts to accept the document. Moreover, it prevents the process of having to track witnesses at the time of death and probate.
Codicil
A codicil is a written document that is used to either change a prior documented will or to cancel that will. Codicils can be used to add information or provisions to an existing will. It can also be used to void a provision. For example, if you create a will before getting married and leave all your assets to your siblings, you could submit a codicil that changes your asset division to include your new wife.
There are many types of wills and it is important to speak an attorney to discuss your options in creating your will.
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