smith432
Joined: 24 May 2012 Posts: 347
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Posted: Thu Aug 10, 2017 4:54 am Post subject: Last Will And Testament Laws |
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The laws of each state specify conditions for writing a last will and testament. Under old common law there used to be a separate writing disposing of real property (real estate) called 'testament', and a separate writing disposing of all other property called 'will'. Hence the archaic phrase 'last will and testament'.
Because wills are documents to survive after their testators, the laws are very strict as to what should be or not be regarded as wills, as well as their proper implementation.
If the will is not holographic and is printed it is required that the testator must sign it in the presence of at least two witnesses (three in some states like New Hampshire). To avoid future contesting of wills, it must be declared that the testator is of sound mind and free from undue influence from any quarter. The Law is also common to all states that the witnesses to the will cannot be named as beneficiaries in the will.
Thanks
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