It is usually very important to know how to execute a will and ensure that a will has been executed properly and in accordance with the confines of the law. Proper execution of a will gives life to a will and ensures its validity.
To ensure that a will has been duly executed, one must know how to execute a will. The will must first be in writing and signed at the foot, margin or part thereof. It is expected that no gift or bequest or bounty should come after signature. Any gift that falls under the signature will fail but the will is still valid.
The testator (the person making the will) can sign the will himself in the presence of two witnesses. He can also sign it himself and acknowledge the signature before the two witnesses. He can ask another person to sign the will on his behalf in the presence of two witnesses. He can also acknowledge the signature of another person there before the two witnesses. It is important to note that the two witnesses must sign in the presence of the testator but they need not sign in the presence of each other, though in practice, they usually sign in the presence of each other. The presence of witnesses is a visual presence. Thus, a blind man cannot attest to a will. It is advised that the witnesses must see the act of the testator signing the will and must be both present. They must not sign before the testator signs. No formal attestation is required for the validity of the will.
Where the testator is an illiterate, the will should contain a jurat to show testators approval and acknowledgement of the will. It should contain the language and the name of the interpreter and his signature.
A signature includes a thumbprint, a sign or mark, a direction to somebody to sign in one’s presence, a rubber stamp.
The testator must be of legal age and have the mental capacity to understand the nature and consequences of creating a will. This means they should be of sound mind, aware of their assets, and comprehend the implications of their decisions.
From the above, one can know how to execute a will. However, it is crucial to consult with a qualified Attorney to ensure due compliance.
We provide Real Estate Attorney services which includes drafting of a will and other will related matters.
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