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subject: Must A Will And Last Testament Be Typed To Be Accepted [print this page]


Say that you are actually visiting your rich uncle Ned. He has worked so many years and actually has amassed a sizeable fortune that he wishes to bestow upon his family. Imagine also that your uncle Ned has two sons that he absolutely does not like and instead wishes to give you his entire estate worth in the millions. During this visit he writes on a piece of paper with a pen that all of his estate is to go to you upon his death. This scenario has actually occurred quite frequently in the legal system whereby the question always comes up whether such a Will and Last Testament created by simply writing down on a piece of paper the intent of the testator is valid. The answer to this question is that on the general level yes it is but you also have to look at the specific jurisdiction where you live.

In most areas such a Will is actually referred to as a holographic Will and is just as valid and binding as any other type of legal document. The important aspect to actually remember is the fact that the person making the Will had to be of sound mind and character. What this essentially means is that the person who created the legal document should be one where an ordinary individual could see that he is of sound mind and not lacking capacity as far as mental state is concerned. If there is no problem in this regard then the legal document will be valid. However, this does not mean that others will the litigate this issue. Thus, it is much easier if the legal document is actually created by an attorney who will be able to ensure that the person making the document is of sound mind and mental health and as such so much trouble and litigation can be avoided.

by: Michael Dar




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