The Advantages Of The Probate Will

The will is the last declaration of the deceased

, his or her last wish. The entire probate process is based on the existence or inexistence of a will especially because it names the heirs. When there is a will, the probate process is very much simplified.

A will is administered by an appointed person whom we call personal representative. S/he can be the executor of the will, named by the person who has passed away, or someone named by the Court. When there is no will there is still the need of an administrator to deal with all the affairs. S/he too will be appointed by the Court. The personal representative of the will doesn't have to be some authority in finances. What is required from this person has more to do with matters of the heart. He or she must be devoted, honest and take everything seriously.

It isn't compulsory to administer the will as its executor and this duty can be refused. That's why, if the executor of the will doesnt feel inclined to take up the succeeding responsibilities, the Court may name another personal representative. Nevertheless, one should bear in mind that the executor of the will is remunerated. A percent of the estates value is the fee of the executor.

Just like everything else, wills too have weak points. There is the possibility that a will is contested. The situations when someone objects to a will are rather numerous. In practice, there are small chances that the contestation of a will wins in court. Behind a will contest lurk many delicate family issues. These clashes are usually the toughest to settle. Those who object to a will can conjure up many reasons such as its invalidity or the existence of a more recent document. Whichever the case it is the Court's job to decide whether or not these claims are founded.

When there is a will, the wishes of the person that has dies are easier to fulfill and the conflicts that can arise within the family can be settled faster. A will is a symbol of clarity, righteousness and benevolence. That is why whoever administers and supervises the will should take the responsibility very seriously. All things considered, it is the last palpable link between the deceased and the loved ones.

by: John Saparo

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