home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Chip Hitware 3
/
Chip_Hitware_Vol_03.iso
/
chiphit3
/
win95
/
programm
/
cyb_leg
/
forms.exe
/
POINTS.LGF
< prev
next >
Wrap
Text File
|
1993-10-05
|
4KB
|
93 lines
POINTS TO CONSIDER IN MAKING A WILL
This is a list of Points to be considered when making a will.
Is the testator (person making the will) of sound mind?
Does the proposed executor know that he is to be the executor?
Make sure that the witnesses to the will are not beneficiaries
under the Will, and also that the witnesses are not married to
beneficiaries under the will.
Make sure that there is no confusion about what people are 'named'
in the will. For example which wife, which child, etc.
Are there life insurance policies that should also be considered
before naming gifts.
What exactly do you mean by the word 'my children' or 'my issue'?
Is it to include any adopted children, guardian children, non formally
'adopted' children, illegitimate children, children from previous
marriages, children from previous marriages of your spouse, etc.
You should also consider the tax implications before doing
anything; and in addition after you have decided to do something in
your will. As an example, your estate may consist of $100,000.00 cash
and a business with a true value of $100,000.00. You may wish to treat
your two children equally, and also you will not usually wish to divide
up the business but keep it as it is. Thus you would probably give
$100,000.00 cash to one child and the business to the other child.
However, under certain tax laws, if you have taken depreciation on your
business so that it is depreciated (for tax purposes) to $50,000.00
(even though its market value is $100,000.00) - then the child
obtaining the business will be receiving less than half due to possible
tax that that child might have to pay.
The witnesses to the will do not have a right to read the will.
Both witnesses must be present at the same time and place and see
the testator actually signing the will.
Do not alter the will, except with the same witnesses who must be
again present at the same time.
Do not make more than one original will.
Destroy your old will once you have made a new will.
A gift (bequest) can only be given once.
Make sure that you review your will on a regular time basis and
also when something happens.
If you do not include a person in your will that might normally be
expected to be included, explain in your will why you did not so do.
If you give unequal monies, do as above.
It is best never to have joint executors.
You can have a person listed as consulting with your executor, but
that the executor shall have the final say.
You should not normally leave younger children to older people to
care for. For example you should not leave your parents as guardians
but should leave your brother and his wife.
An executor should be somebody that you trust and that you know
will do his best to do your wishes.
In most areas you cannot totally 'cut off' your spouse, you must
make some reasonable provision for him or her.
You cannot give away that which you do not own.
In most areas you cannot 'cut off' a person that you have supported
over the years, for example a retarded nephew.
Make sure that the testator and the witnesses inital (or sign) each
page of the will at the bottom of each page.
Make sure that you date the will.
A new will should also be made where there have been changes with
the witnesses.