1. Writing a Will

2. What is a will?
A legal expression, usually in writing, directing how the decedent wishes his or her property to be distributed after death.
Intestate - a person who dies when there is no will
All of the decedent’s property, called the estate, is controlled and distributed by a court-appointed person known as an administrator or administratrix
Testate – a person who dies leaving a valid will
The maker of the will is called a testator (male) or textatrix (female)
Personal representative who carries out the directions in the will is an executor (male) or executrix (female)

3. Function of Wills
Living Will – gives directives to physicians to the maker’s desires for use of life-support systems in case of terminal illness or vegetative state
Other names for Living Will
Directive to Physicians
Durable Power of Attorney uses a chosen or court-appointed individual the right to make health-care decisions, such as removal of life support

4. To be a valid Will: Testamentary intent Testamentary capacity
Testator has clear intention and not pressured into signing the document and should not be mislead into thinking it is another document
Testamentary capacity
Testator must have mental clearness to know
Kind and extent of property in the estate
The recipients who stand to benefit
Testator knows he or she is making arrangements to dispose of property after their death
Testator must be over the age of 18
Will must be signed at the end and witnessed by at least two adult witnesses who will not inherit under the will

5. Changing a Will
Can be changed or canceled any time during the maker’s life
Marriage, divorce, the birth of children, and other significant changes in a person’s life
Changes made using a codicil
A formal, written, and witnessed amendment
Same formalities as a will
Example**

6. Special Types of Wills Holographic Will Nuncupative Will (Oral Will)
Valid even without witnesses
Written in decedent’s own hand
Signed by the decedent
Not witnessed
Nuncupative Will (Oral Will)
Proclaimed during the maker’s last illness
Service personnel on active duty
Will must be witnessed and reduced to writing
Limited to controlling the distribution of personal property

7. Revocation of a Will Desire of the testator
Destroying or defacing the physical copy
Marriage of the maker
Birth or adoption of a child
Written revocation in a later will

8. Procedure for Distribution of Will
Proof of death
Death Certificate
Official notification of death from an armed service
Testimony of the deceased’s presence in a disaster that resulted in unidentifiable or irretrievable bodies (judge issues a declaration of death)
Five or seven years of absence to be declared dead (Enoch Arden Laws)
Assembling, preserving, inventorying and appraising the assets of the estate and collecting debts owed to it
Giving public notice of the estate to creditors (6 months)
Paying valid claims against the estate
Distributing the remaining property according to the will or statute

9. Intestate Distribution
No spouse, but one or more children surviving, the children inherit equal share in real and personal property
With spouse and one or more children or grandchildren surviving, the spouse gets one- half of the real and personal property and children share equally in the remainder. If a child is deceased but has surviving children, those children share equally in the deceased child’s share.

10. Intestate Distribution - continued
With a spouse and no children or grandchildren surviving, the spouse gets one half of the real and personal property and the deceased’s parents are not alive, the deceased’s brothers and sisters received equal shares in the remainder.
No spouse, no children, and no grandchildren surviving, the deceased’s parents each receive one-half of the real and personal property. If parents are deceased, brothers and sisters of the deceased share equally.

11. Testate Distribution
Per capita distribution – Living lineal descendents split the property equally, be they children, grandchildren, or even further down the lineal tree
Per stirpes distribution – Lineal descendants split equally what a deceased parent would have received but receive nothing if the parent still lives
NO INHERITORS
If there are no inheritors, the property of the deceased reverts to the state (ESCHEATS)