Benefits of The Last Will and Testament in West VirginiaWouldn’t you want to dictate who inherits which part of your estate and who takes care of your minor children or a special needs dependent upon your death? With everything running smoothly at the moment, you may not think much into estate planning and the need for a last will and testament but looking at feuding families around us getting the document is the best gift you can give your family. But before we look at the benefits of creating a last will in depth, what is a last will? The last will refers to the document that communicates your wishes regarding the distribution of assets or even the guardianship of children after death. It is legally recognized, and it gives you complete autonomy on what you want to happen to your estate. Unlike the living will which comes into effect only upon your incapacitation and inability to make decisions, the last will only comes into effect upon death. A living will is often the document with health care directives, and it ceases being effective as soon as you die.
Creating a free last will and testament in West VirginiaAs the basis of estate planning, it might sound like you require a lawyer to create a will. But, that is not entirely true. Using a free West Virginia last will and testament form easily downloadable online, you can create a last will in the comfort of your home. You might have to seek professional legal help only if yours is a complicated situation like the case of creating trusts or dealing with blended or second marriage situations. That brings us to the fact that you could either create a simple or a complex last will. The simple will works best when you do not have minor kids to protect or when you only need a will for asset distribution rather than asset protection. The complex will, on the other hand, represents the document you use when you want to set in motion business succession plans, asset protection through the creation of trusts, or addressing the matter of asset distribution in a blended family situation.
What makes a last will and testament valid in the eyes of the law?
- The state requires that the will meets specific requirements.
- The creator of the will, the testator, must be at least 18 years at the time of the will’s creation, able to make sound judgments and decisions, and acting on their own volition.
- The testator must sign the will. But when he or she is unable to sign it, they should ask someone else to sign the will on their behalf and in their presence and also according to their express direction.
- There should also be two or more witnesses (not beneficiaries) to oversee the signing of the will and to affirm the signing by the testator or the person asked.
- The will must have a list of beneficiaries, and it should be in writing. Note that handwritten or holographic wills are acceptable in some unique circumstances.