Drafting Wills and Types of Wills
The Importance of Properly Drafting a Will
A will is a crucial instrument for any individual, as it allows them to specify the distribution of their property and assets after their death. It is essential to ensure that a will is executed correctly and in accordance with the conditions outlined in the Inheritance Law, 1965, and its related regulations. A will that lacks the required essential elements is legally invalid, and it cannot be validated in court, even if it reflects the testator’s true wishes.
Therefore, it is advisable to proactively draft a well-prepared will with the assistance of a professional attorney specializing in wills and inheritances. This approach ensures that the will accurately reflects the testator’s intentions and helps prevent disputes and objections to its validity, which can be time-consuming, costly, and emotionally distressing.
Types of Wills According to Law
Section 18 of the Inheritance Law outlines the forms of a will: “A will may be made in writing, in the presence of witnesses, before an authority, or verbally.” In other words, there are four valid forms of wills, with the most common and effective being a will made in the presence of witnesses. This type of will is drafted by a skilled estate attorney and signed by the testator in the presence of two qualified witnesses, who also sign to confirm that the will is indeed the testator’s. This method is highly recommended as it provides personal assurance and generally ensures the will’s full implementation after the testator’s death.
How to Draft a Will
To ensure a will is valid, it must be prepared meticulously and accurately according to all conditions and requirements specified in the Inheritance Law. This is crucial to avoid future challenges to its legality due to substantive or formal defects.
To draft a will correctly and effectively, reflecting the testator’s wishes fully, it is essential to adhere to proper signing procedures, confirm the testator’s mental clarity to prevent future claims of incapacity, and draft the will’s instructions in a legal and correct manner, avoiding any unethical provisions that may later be invalidated. It is also vital to ensure that the document is signed in the presence of two competent and reliable witnesses who do not directly or indirectly benefit from the will.
The Importance of Drafting a Will with an Attorney
Drafting a will is a complex and significant task that requires specialized knowledge, familiarity with legislative and judicial instructions, thoroughness, and attention to detail. Given the potential issues arising from non-compliance with legal requirements and various objections that can be filed against a will, it is crucial to have the will and its instructions drafted professionally, clearly, and unequivocally by an experienced attorney. This approach minimizes the risk of objections and attempts to invalidate the will’s legal standing. A will drafted and signed in the presence of an attorney significantly reduces the risk of being challenged.
In Conclusion
It is evident that the manner in which a will is drafted plays a critical role in ensuring its validity and preventing objections for various reasons. Therefore, it is recommended to take a proactive approach and prepare the will with close legal guidance from a specialist attorney. This ensures that the property and assets you have diligently accumulated throughout your life are distributed according to your wishes. For professional and expert assistance in wills and inheritances, you are invited to contact On Eyal Yanku Law Office, which specializes in this field and provides reliable, high-quality, and personalized service to its clients.
