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Be sure to select the appropriate file type for the word processing software you plan to use. There are no requirements for the document to be registered alhtough it may be recorded with some county clerkвЂ™s offices, probate. After signing, the will should be distributed to all the beneficiaries and to the testatorвЂ™s attorney. If the will is ruled invalid in probate, then inheritance will occur under the laws of intestacy as if a will were never drafted. Each of the model forms below is free to download. A last will and testament or will is a sworn statement that details who will receive real estate and personal property after a personвЂ™s death (testator). If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator's intentions.ДЄfter the testator has died, a probate proceeding may be initiated in court to determine the validity of the will or wills that the testator may have created, i.e., which will satisfied the legal requirements, and to appoint an executor. However, if a subsequent will is completely inconsistent with an earlier one, that earlier will be considered completely revoked by implication.ДЈ.) The testator must demonstrate that he or she has the capacity to dispose of his or her property, and does so freely and willingly.Д¤.) The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries).ДҐ.) The testator's signature must be placed at the end of the will. Otherwise, a subsequently-made will revokes earlier wills and codicils only to the extent that they are inconsistent.

A will is also used as the instrument in a trust.ДЎ.) The testator (the person wanting their last wishes carried out) must clearly identify himself or herself as the maker of the will, and that a will is being made this is commonly called 'publication' of the will, and is typically satisfied by the words 'last will and testament' on the face of the document.Дў.) The testator must declare that he or she revokes all previously-made wills and codicils. In the strictest sense, a 'will' is a general term, while 'testament' applies only to dispositions of personal property (this distinction is seldom observed). In common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his or her property or family after death.