wills

A will is a legal document that sets out how a person’s property and affairs should be managed and distributed after death. It may name beneficiaries, designate an executor to administer the estate, and appoint guardians for minor children. Wills can also create trusts to manage assets for beneficiaries and specify other instructions, such as funeral arrangements or the handling of digital assets.

To be valid, most jurisdictions require testamentary capacity (the creator understands the nature of the act and its consequences), intent to make a will, and clear enactment of the distribution terms. Many places require the will to be in writing, signed by the creator, and witnessed or notarized. Some jurisdictions recognize holographic (handwritten) or video wills, but recognition varies. A will can be amended or revoked by codicils or by creating a new will, and destruction of the document with intent to revoke is another method.

Types of wills include simple wills, which cover basic asset distribution; testamentary trust wills, which fund trusts for beneficiaries; and pour-over wills, which transfer assets into existing trusts. Some documents also address guardianship for minor children and special needs or charitable bequests. Modern practice often integrates provisions for digital assets and privacy considerations.

Probate is the court process that validates a will, appoints the executor, inventories assets, pays debts and taxes, and distributes the remainder according to the will. Assets held in trusts, jointly owned property, and beneficiary-designated accounts may bypass probate. Wills can be contested on grounds such as lack of capacity, undue influence, fraud, or improper execution.

Regular review and updates are advised to reflect changes in circumstances, such as marriage, divorce, births, or shifts in asset ownership. Keeping the will in a secure, accessible location and informing the executor are practical considerations.