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- POINTS TO CONSIDER IN MAKING A WILL
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- This is a list of Points to be considered when making a will.
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- Is the testator (person making the will) of sound mind?
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- Does the proposed executor know that he is to be the executor?
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- 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.
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- Make sure that there is no confusion about what people are 'named'
- in the will. For example which wife, which child, etc.
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- Are there life insurance policies that should also be considered
- before naming gifts.
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- 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.
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- 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.
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- The witnesses to the will do not have a right to read the will.
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- Both witnesses must be present at the same time and place and see
- the testator actually signing the will.
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- Do not alter the will, except with the same witnesses who must be
- again present at the same time.
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- Do not make more than one original will.
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- Destroy your old will once you have made a new will.
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- A gift (bequest) can only be given once.
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- Make sure that you review your will on a regular time basis and
- also when something happens.
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- 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.
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- If you give unequal monies, do as above.
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- It is best never to have joint executors.
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- You can have a person listed as consulting with your executor, but
- that the executor shall have the final say.
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- 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.
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- An executor should be somebody that you trust and that you know
- will do his best to do your wishes.
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- In most areas you cannot totally 'cut off' your spouse, you must
- make some reasonable provision for him or her.
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- You cannot give away that which you do not own.
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- In most areas you cannot 'cut off' a person that you have supported
- over the years, for example a retarded nephew.
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- Make sure that the testator and the witnesses inital (or sign) each
- page of the will at the bottom of each page.
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- Make sure that you date the will.
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- A new will should also be made where there have been changes with
- the witnesses.
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