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 All About Wills

A will, untechnically speaking, is virtually a bill-of-sale or transfer of property by its owner to those he may designate, but differs from the ordinary bill-of-sale in that there is no consideration mentioned on the part of those who will receive the property, and the will is not operative until the death of the maker of it. No one can execute a will unless he is presumably in his right mind, and knows what he is doing. Nor can a will be made by an idiot or one insane. The will must be signed and witnessed by several witnesses, each witness signing as a witness in the presence of all of the other witnesses. While it would appear that every one has a right to dispose of his property as he chooses, a will is not likely to stand in law if it can be proved that the maker of it was under undue or unfair influence, and, therefore, distributed his property to the prejudice of those who would be entitled to it if no will was made. For example: a will is not likely to hold good if its maker unfairly disowned close legal heirs, like a wife, husband, or children, or bequeathed his property to some institution which it could be shown he probably would not have done had not unfair pressure been brought to bear upon him at the time he made his will. All legal heirs should, as a rule, be mentioned in a will, even though they are given insignificant sums. As the laws differ in the several states, it is suggested that it is better and safer to consult a good lawyer, or one familiar with conditions.

Also see:

•  Do You Need A Will?