In the common law, a will or testament is a document by which a person (the testator)
regulates the rights of others over his or her property or family after death.
For the devolution of property not disposed of by will, see inheritance and
intestacy. In the strictest sense, "will" is a general term, while "testament"
applies only to dispositions of personal property (this distinction is seldom
observed). A will is also used as the instrument in a trust.
Any person
over the age of majority can draft their own will without the aid of an attorney.
Additional requirements may vary, depending on the jurisdiction, but every
will must contain the following:
* The testator must clearly identify
himself as the maker of the will, and that a will is being made; this is
commonly called "publication" of the will, and is typically satisfied by the words
"last will and testament" on the face of the document.
* The testator
must declare that he revokes all previously-made wills and codicils. Otherwise,
a subsequently-made will revokes earlier wills and codicils only to the extent
that they are inconsistent. However, if a subsequent will is completely inconsistent
with an earlier one, that earlier will be considered completely revoked
by implication.
* The testator must demonstrate that he has the capacity
to dispose of his property, and does so freely and willingly.
* The testator
must sign and date the will, usually in the presence of at least two disinterested
witnesses (persons who are not beneficiaries). In some jurisdictions,
for example Kentucky, the spouse of a beneficiary is also considered an
interested witness. In the USA, Pennsylvania is the only state which does not require
the signing of the will to be witnessed.
* The testator's signature
must be placed at the end of the will. If this is not observed, any text following
the signature will be ignored, or the entire will may be invalidated if what
comes after the signature is so material that ignoring it would defeat the
testator's intentions. |
