12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Definition of Last Will and Testament in Zip Code 91409

Definition of Last Will and Testament in Zip Code 91409


There are only two lasting bequests we can hope to give our children. One of these is roots; the other, wings.
 
- W. Hodding Carter


A will or testament is a legal document that declares the distribution directives of the person or the testator's property at death. It also contains the person who will manage his estate and has the authority to distribute the property of the testator upon his death, as written on his will or testament.

How to Create a Last Will and Testament

A sound mind and a legal age are the requirements for any person to create his or her own will and testament. Other than these, additional requirements may vary depending on the jurisdiction but as general may consist of the following requirements:

• There should be a clear identity of the maker or the testator writing the will and that he is making a will. This "publication" should include the typical words like "last will and testament" on the face of the document.

• All previous will and codicils should be revoked by the testator, in order for the subsequent will to be fully in effect.

• The testator must demonstrate his capacity to freely and willingly dispose his property without question as to the soundness of his decisions.

• There should be two disinterested witnesses when the testator signs and date his will. Extra "supernumerary" witnesses should be present in case there is a question, like an interested party conflict.

• Witnesses that are designated to receive a property under a will can, in some cases, invalidate their status as a witness. A growing number of states in the U.S. declares that an interested party cannot be made into a witness only on the clauses that benefits him or her.

• The signature of the testator should be place at the end of the will. Any text that follows after the testator's signature will be ignored or can be declared invalid.

• All the beneficiaries should be clearly stated in the will. Some jurisdiction allows a valid will that revokes the previous one, revokes a certain disposition or names an executor.


Types of Will

• Nuncupative (non-culpatory). This type of will is use by sailor and military personnel. It can be in oral or dictated form.

• Holographic. The material terms and signature of this type of Will should be done using the handwriting of the testator himself.

• Self-proved. Affidavits are affixed of subscribing witnesses to avoid probate.

• Notarial. This is prepared by a civil-law notary. This is a will in public form.

• Mystic. This type of will is sealed until death.

• Serviceman's will. This is an informal will done by a person in active-military duty.

• Reciprocal /mirror/mutual/husband and wife wills. Two or more parties are involved in making wills that has identical or similar provisions in favor of each other.

• Unsolemnwill. The name of the executor is unknown.

• Will in solemn form. Signed by witnesses and testator.


International Wills

International wills refers to the will made anywhere by any person of any nationality. International will seek to be recognized and proven valid in every country which was ratified or ascended during the international convention held in Washington DC. This convention that occurs in 1973 provided a universally recognized code for wills not made locally. That gathering was open for signature and was called "convention providing a Uniform Law on the Form of an International Will".

Probate

Probate proceeding is initiated in court when the testator has died in order to determine validity of the created will or wills of the testator. A witness will be called in order to testify or sign a "proof of witness" affidavit.

In a self-proving will, statutes have to be provided during the execution of the will. Witnesses' testimony may be forgone during the probate. If the will is proven invalid during the probate, the inheritance will follow the laws of intestacy, as if the will is not existing or never been drafted. Around 30 days is the time limit as to the proving of the will or probate. Only the original will can be admitted to undergo probate in most jurisdictions.


Revocations

The testator can revoke the will he made through physical destruction or by deliberate burning or tearing the document. Striking out his signature can also be a sign of revocation of the will. Partial revocation is allowed where the crossed out part of the document is considered revoked. The testator can also revoke the physical act of another when done in his presence and other witnesses. A will can be considered invalid or does not exist if it is found to be mutilated or has disappear after the death of the testator.An execution of a new will by the testator will invalidate previous will. Most courts will compare and read both wills together before deciding on the validity and consistency of the will. Complete revocations of a will can revive the next most recent will. Revocation can also mean that the testator has no will thus his heirs will inherit through inherit succession.

Dependent Relative Revocation

Dependent relative revocation (DRR) is an equitable doctrine in which court may disregard a revocation that was based on the mistake of law on the part of the testator as to the effect of the revocation. This doctrine will be applied by following the requirements of the courts. First, there should be an alternative plan as to the disposition of the property. Second, there should be clear and convincing evidence of the testator revoking the will. It can be done in terms of a revoking instrument.

Election under the Will

This refers to the probate statutes that permit the surviving spouse to choose to receive a particular share of the deceased spouse which is not written in the will but will be given in lieu of the specific share stated in the will.

 
Personalize & Print a Free CA Last Will Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Related Legal Services near Zip Code 91409
A Servicio De Inmigracion
4729 Planz Rd
Bakersfield, CA 93309
(661) 836-9977
Immigration Law Attorneys, Immigration & Naturalization Consultants, Attorneys
McLaughlin Thomas G
3105 Lone Tree Way # D
Antioch, CA 94509
(925) 754-9900
Attorneys,  Labor & Employment Law Attorneys,  Personal Injury Law Attorneys,  Insurance Attorneys,
Harry Bryant - Farmers Insurance
5401 Business Park S Ste 106
Bakersfield, CA 93309
(661) 321-9888
Insurance,  Attorneys,  Homeowners Insurance,  Life Insurance,  Business & Commercial Insurance,  Au
Tooby Norton
6333 Telegraph Ave
Oakland, CA 94609
(510) 597-9856
General Practice Attorneys, Attorneys
Schwartz Paul M
2004 Cedar St
Berkeley, CA 94709
(510) 548-9800
Attorneys, General Practice Attorneys
And Justice For All
8900 Thornton Rd
Stockton, CA 95209
(209) 472-9750
Paralegals
Munoz Armando Bail Bonds
6657 45th St
Riverside, CA 92509
(951) 782-9688
Attorneys Referral & Information Service, Attorneys
Stephens Rand L
511 W 3rd St
Antioch, CA 94509
(510) 232-9335
Corporation & Partnership Law Attorneys, Attorneys, Labor & Employment Law Attorneys, Legal Service
Rapid Legal
14748 Pipeline Ave # B
Chino Hills, CA 91709
(909) 597-9177
Attorneys Referral & Information Service, Legal Service Plans, Attorneys
Harris E Weinberg Mediation
1388 Sutter St
San Francisco, CA 94109
(415) 674-8884
Legal Service Plans,  Mediation Services,  Attorneys,  Arbitration Services,  General Practice Attor
You Got Served - YGS Legal
4195 Chino Hills Pkwy #354
Chino Hills, CA 91709
(909) 815-8681
Criminal Law Attorneys,  Family Law Attorneys,  Paralegals,  Process Servers,  Insurance Adjusters,
R. Douglas Delgado Esq-CPA
5301 Office Park Dr
Bakersfield, CA 93309
(661) 325-8677
Accountants-Certified Public,  Attorneys,  Accounting Services,  Financial Services
Roggeveen Nguyen & Tran
3845 Stockdale Hwy
Bakersfield, CA 93309
(661) 396-8500
Attorneys,  Bankruptcy Services,  Legal Service Plans,  Bankruptcy Law Attorneys,  Personal Injury L
Karlen Cynthia K
122 Calistoga Rd
Santa Rosa, CA 95409
(707) 538-8429
General Practice Attorneys, Attorneys
William J Kelly Attny At Law
2740 Van Ness Ave # 300
San Francisco, CA 94109
(510) 741-8334
Attorneys
STEVEN JAY BROCK, INC., APLC
14071 Peyton Drive, #430
Chino Hills, CA 91709
(909) 627-8190
Labor & Employment Law Attorneys, Civil Litigation & Trial Law Attorneys, Business Law Attorneys, Di
McCormack Sandra
5330 Office Center Ct
Bakersfield, CA 93309
(661) 325-8163
Attorneys, Legal Service Plans
Guy Kornblum & Assoc
1388 Sutter St # 820
San Francisco, CA 94109
(415) 440-7800
Personal Injury Law Attorneys,  Attorneys,  Legal Service Plans,  Business Law Attorneys,  Insurance
Christopher B. Johnson
5861 Pine Ave
Chino Hills, CA 91709
(888) 503-7615
Attorneys, Wills, Trusts & Estate Planning Attorneys
Hobin Richard Law Office
1011 A St
Antioch, CA 94509
(925) 757-7585
Attorneys,  Probate Law Attorneys,  Accident & Property Damage Attorneys,  Real Estate Attorneys,  W
Joshi Law Group
2772 Gateway Road
Carlsbad, CA 92009
(619) 822-7566
Criminal Law Attorneys,  Immigration Law Attorneys,  Personal Injury Law Attorneys,  General Practic
Craig S Ewing
4475 Mission Blvd # 233
San Diego, CA 92109
(858) 273-7438
General Practice Attorneys, Legal Service Plans, Attorneys
Total Attorneys - Bankruptcy
PO Box 271686
Bieber, CA 96009
(530) 231-7343
Bankruptcy Law Attorneys,  Attorneys,  Banking & Mortgage Law Attorneys,  Bankruptcy Services,  Lega
Spar Mediation Svc
3922 Alta Vista Ave
Santa Rosa, CA 95409
(707) 544-7279
Arbitration Services,  Attorneys,  Counseling Services,  Mediation Services,  Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US