June 24, 2017

Should I Record My Will?

Recording a will is not a legal requirement of creating a will, but it is a smart thing to do. Once a will has been stated or recorded, it can not be changed without the consent of its writer, the owner of the property to be shared. This is because of the fact that a recorded will makes it easy to address inheritance struggles that may arise at a later time. Having a will is very important as it helps in deciding who is to be included in inheritance and who is to be left out. What’s more important is the fact that it helps in ensuring that the interests of your property are addressed by having a self preferred trustee. This is the person who will take over the management of your estate before the property is inherited by the will’s beneficiaries.

There are many problems and challenges that family members face when there is no will left behind the estate owner. For starters, there is a possibility of some of the property going to waste as the beneficiaries may not be aware of its existence. The interests of the under-age (children) may not be addressed as there is no guardian who has been mandated with the care of the children. Due to such factors, it is very important to ensure that you write a will and better yet have the will recorded. This ensures that there is a smooth transition in the inheritance of the property left behind. There are different instances when families break up and get into fights as they seek to get a share of the property left behind.

last will and testamen

Recording a will requires the signatory of at least two witnesses. This takes place after the will has been drafted in observance to the set guidelines. There are the specific guidelines that have been set to be observed when drafting a will. It is therefore important to ensure that these guidelines are followed to the letter and that the will is written in great clarity. Signatories to the recorded will require to be of age and to hold official identity documents. This is because of the fact that once a will has been recorded, it can not be altered without the consent of the signatories.

Signatories to a will should not be beneficiaries of the will. This is so that they do not manipulate the will to their advantage and to the disadvantage of other beneficiaries. Recording a will is usually done in government institutions such as in the office of the county government. This legalizes the will in that any interference or possible manipulation without the signatories’ consent can lead to prosecution. Due to this, most people are of the idea that recording a will is a legal requirement. However, this is not a legal requirement and can thus be ignored.

There are numerous advantages that are associated with recording a will. The most important one is that the will is usually protected from selfish manipulations by some of the beneficiaries in the will. In addition to protecting the will, the recording helps a lot in ensuring that there is only one legitimate will. Chances of having fake wills are greatly avoided and thus it becomes easy to identify the genuine will.
It is usually important to ensure that you inform the beneficiaries about where the will is stored. This is because of the fact that your will may be misplaced in case death strikes unexpectedly leaving no one aware of the will’s whereabouts. Seeking the services of a will’s attorney is usually very beneficial especially because it makes it easy to understand the legal provisions on wills.

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