What entails a will preparation in Irvine?

In order to answer that question, we must first determine what a will is. A will is a legal document that allows a person to distribute their property and the care of any minor children. A will can be very important in helping your family distribute your assets and carry out your decisions after you are gone. There are several types of wills that you can chose from. The most common and the one we will talk in depth is a formal will.

A valid formal will has several requirements in Irvine. Usually a person such as a legal document assistant or an attorney can make will preparation a lot smoother and easier. First, a formal will requires a testator with capacity.

This testator must be:

1) at least age 18 and

2) of sound mind.

Second, a formal will requires present testamentary intent. When a testator sings an instrument, she must intend it have testamentary effect, and understand she is executing a will. Third, a formal will requires a signature. The testator or someone in his/her presence and direction must sign the will. Fourth, a formal will requires a writing. The means that the entire will must be in writing. Fifth, a formal will requires the testator to sign in the joint presence of two witnesses who understand the instrument is a will. A formal will requires a signature or acknowledgement in the joint presence of and attested to by two witnesses. The witnesses must be aware that the instrument is a will and sign the will in the presence of the testator or each other. It is very important that the witnesses have the sufficient mental capacity to understand the act of witnessing a will. In California, an interested witness is competent. Another type of popular will in California is a holographic will.

A holographic will is a will that also has certain requirements in California. First, a holographic will requires the testator to have capacity. This means that the testator must be at least 18 and of sound mind. Two, a holographic will must be intended to be a will. When a testator signs an instrument, he/she must intend it have testamentary effect, and understand he/she is executing a will. Third, the holographic will requires the testator to handwrite the material provisions. Fourth, the testator or someone in his/her presence must sign the will. The biggest difference with this type of will and a formal will is that a holographic will does not require witnesses.

Legal document & will and trust Preparation in Irvine, CA

When you are ready to do your will preparation in Irvine you will have to make sure all the requirements for California is met. A will can be made by you or in some situations you can consult with a lawyer or a legal document assistant. Whatever route you chose make sure that you have a will. Without a will the law will dictate how your property will be distributed. In some cases, if you have no close relatives or children the state will take your property.