Making a will as part of your estate plan ensures what you leave behind will be taken care of according to your wishes, including the care of your children.
When you make an online will, you can appoint someone to settle your affairs. The person you appoint will ensure that your beneficiaries receive their inheritance.
You can use it to:
If you are looking to start or write a will, here are a few steps you can take to quickly and easily accomplish this:
Who should consider an online will?The short answer to this is that everyone should have one, even if you are tight on money.
Whether you decide to Creating a living will or a last will and testament, they are an excellent way to ensure that your assets are properly distributed after you pass, especially if you have children, are a homeowner, or family business owner.
You can revoke your online will any time before death by making a new one that advises that all prior wills are no longer valid.
To revoke your current will without having to make an entirely new one, you simply have to purposefully deface it or completely destroy it.
However, if this is done accidentally it will not be revoked.
What happens if you make a new will (which revokes all prior ones) and then decide that you like your initial one better?
You need to make an entirely new last will that replaces the new one and mimics the old one. The old last will is invalid and cannot be revived after it has been revoked.
It should be noted that a codicil must be signed and witnessed just like your will, so it may be easier to make an entirely new will.
What should I do with my will after I create & sign it?Be sure to tell your spouse, children and other heirs, and executor where they can find the will.
Several copies of the unsigned will should be made and stored in a safe place. Be sure that the extra, spare copies are not signed. Otherwise, it could create confusion as to which one is the authoritative, legally binding document.
You should also be sure not to make changes to your will after it has been witnessed and signed. Making changes like removing a person’s name or adding clauses to your will after it has been signed risks invalidating the document.
Should you have a lawyer review the online will you create?In simple situations with no tax issues a person can easily learn how to make a will online and be better off than having no will at all.
However a simple situation like this is often rare and you more likely are dealing with spouses from second marriages, stepchildren, family businesses, property in multiple states, and other circumstances that make enlisting a lawyer’s help to review your document quite sensible.
This will usually help prevent difficulties down the road and ensure that your online will is legally binding and protects the ones you care for.
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Tim van Rooyen & Associates
Port Elizabeth Lawyer/Attorney