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 Lithopolis, OH

Definition of Last Will and Testament in Lithopolis, OH


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 OH 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 Lithopolis, OH
Young Reverman & Mazzei Co LPA
304 E Warren St
Lebanon, OH 45036
(513) 398-9700
Attorneys, Social Security & Disability Law Attorneys, Corporation & Partnership Law Attorneys, Lega
Lindner Rebecca
8044 Montgomery Rd Ste 700
Cincinnati, OH 45236
(513) 792-9600
General Practice Attorneys, Attorneys, Legal Service Plans
Fowler Demos & Stueve
12 W South St
Lebanon, OH 45036
(866) 418-9384
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Probate Law Attorney
Gluntz Law LLC
685 Ashbrooke Way
Hudson, OH 44236
(216) 678-9344
Attorneys, Arbitration Services
Crowley Ahlers & Roth Co LPA
20 N Mechanic St
Lebanon, OH 45036
(513) 445-8905
Administrative & Governmental Law Attorneys,  Corporation & Partnership Law Attorneys,  Legal Servic
Karen J Cameratta
11005 Pearl Rd
Strongsville, OH 44136
(440) 526-8888
Attorneys, Divorce Attorneys
Ernst & Associates
11 S Broadway St #200
Lebanon, OH 45036
(513) 445-8879
Business Litigation Attorneys, Attorneys, Business Law Attorneys, Personal Injury Law Attorneys
Ernst & Associates-
11 S Broadway St #200
Lebanon, OH 45036
(513) 445-8865
Bankruptcy Law Attorneys,  Attorneys,  Family Law Attorneys,  Legal Service Plans,  Criminal Law Att
Perez Sr Robert A
6921 Fox Hill Ln
Cincinnati, OH 45236
(513) 891-8777
General Practice Attorneys, Attorneys, Legal Service Plans
Lonjak George F
11005 Pearl Rd
Strongsville, OH 44136
(440) 878-8711
Attorneys, Legal Service Plans
Thomas G. Eagle
3386 N State Route 123
Lebanon, OH 45036
(888) 762-8549
Accident & Property Damage Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  D
Hull Peter H
19609 Misty Lake Dr
Strongsville, OH 44136
(440) 238-8486
Attorneys, Legal Service Plans
Clunk John D
5601 Hudson Dr
Hudson, OH 44236
(330) 342-8203
Attorneys, General Practice Attorneys
Hendricks Robert S
8050 Hosbrook Rd Ste 111
Cincinnati, OH 45236
(513) 351-7599
General Practice Attorneys, Attorneys
Dearie & Fischer LLC
12 E Warren St
Lebanon, OH 45036
(513) 494-6981
Sexual Harassment Attorneys,  Attorneys,  Criminal Law Attorneys,  Juvenile Law Attorneys,  Accident
Mark Florence
144 E Mulberry St
Lebanon, OH 45036
(513) 494-6971
Attorneys, Commercial Law Attorneys
Gabriel P. Moorman
304 East Warren Street
Lebanon, OH 45036
(513) 502-6866
Criminal Law Attorneys,  General Practice Attorneys,  Personal Injury Law Attorneys,  Attorneys
Bevan & Associates LPA Inc
6555 Dean Memorial Pkwy
Hudson, OH 44236
(888) 986-6793
Asbestos & Chemical Law Attorneys,  Attorneys,  Personal Injury Law Attorneys,  Employee Benefits &
Clark Mark Attorney
11 S Broadway St
Lebanon, OH 45036
(513) 932-6202
Attorneys, Legal Service Plans
Crane Robert L
2777 Blue Heron Dr
Hudson, OH 44236
(330) 655-5800
Attorneys, General Practice Attorneys
Jarnicki Harold & Assoc
27 N East St
Lebanon, OH 45036
(513) 932-5792
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
Jarnicki Harold & Associates
576 Mound Ct # B
Lebanon, OH 45036
(513) 932-5792
Attorneys,  Family Law Attorneys,  Attorneys Referral & Information Service,  Bankruptcy Law Attorne
Joel G Deutch
9000 Plainfield Rd
Blue Ash, OH 45236
(513) 793-5505
Attorneys, Legal Service Plans
O'Connor Mikita
8035 Hosbrook Rd
Cincinnati, OH 45236
(513) 793-5297
Attorneys,  Personal Injury Law Attorneys,  Probate Law Attorneys,  Child Custody Attorneys,  Bankru
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US