A lot of people discard the idea of creating wills online because they fear the thought of death. But knowing that death is unavoidable, one should also do well to secure the lives of dependents, including spouses and children. Meanwhile, we encounter different types of wills, the urgent ones scribbled on paper before a medical procedure, and the wills created online. What validates a will is not precisely the means of making it but its satisfaction as a legal document.
While some beneficiaries are surprised when they see the author’s will’s nature, they appreciate that the process is done. Moreover, you will prefer the former when you see that such wills like the online type do not require the tedious process of a traditional approach. Some people do not even believe it is possible to create will online without the physical assistance of an attorney. Yet, it is the best way to save costs and time and achieve results.
What is the best-case scenario?
After the demise of a testator, the validity of the original will makes it easy to probate it and disburse it to the beneficiaries. It is easy to find the location of all the beneficiaries of the will’s contents. It may also include the spouse, children, and other family members and friends. When you write wills online with the support of an attorney, you can also avoid some necessary pitfalls. On the other hand, a licensed attorney can add some measure of complications to the matter while it also costs you more and can take some time.
What is the worst-case scenario?
Sometimes, the testator may make mistakes when executing the wills online. Let us quickly consider a few instances. What could invalidate a will or delay the process of its probation or execution?
- Non-self-proven will
It requires the signature of a testator or the author of the will to prove the will. In addition, there should be two witnesses and a notary public to help notarize the will. But if the will has not been notarized yet, it will take the presence of the witnesses. One of the witnesses must appear in court to testify to the proper execution of the will. As for the witnesses, each of them should be at least 14 years old, and the testator or author should also be 18 years old.
The testator should have a sound mind and be fully aware of what they are doing during the writing. There may be a few problems with this process. For once, when a will is not executed correctly, the testator is banking on the odds that the witnesses will outlive them. The other assumption is that witnesses can be located and willing to testify in a court regarding the execution of the will.
- Original Will is missing
Sometimes, a missing will indicates that the document has been destroyed or revoked. Therefore, the alternative is to offer a copy of the will as probate. However, creating wills online removes the possibility that the original document could be missing. In the case of a formal will writing, there must first be an heirship preceding that attempts to establish who the authentic heir of the property is. Then the heir must receive a notification and a privilege to dispute the proposed copy of a will if necessary.
- Using a holographic will
As in the case of traditional will preparation, a testator may decide to use a holographic will. A holographic will is created entirely in the handwriting of the testator. This pattern can be a reliable way of establishing the document’s validity, unlike adding only the author’s signature. However, it is hard to create holographic wills online, except certain factors are in place.
Moreover, the holographic will also usually doesn’t have some aspects of a will. In addition, it requires that the witnesses that will testify in court have a good reason to identify, without doubt, the author’s handwriting. After identification, they must also be able to confirm that the holographic copy of the will matches what they know.
- All parties’ agreement
One of the crucial reasons anyone needs a will is to avoid disputes and disagreements between different parties when the will is initiated. When parties disagree over a will, it could lead to a messy can of worms. After successfully creating wills online, you also need to ensure that it is self-proven to ensure no one can dispute its validity. One of the common ways some parties can invalidate a will is to establish that the testator was not in the right mind to create a will.
If there is an indication that the testator was under any influence, then it affects the execution. Another way is to use an unknown child or debt by the testator or a lack of qualification. It may also be knowledge on the part of the author or testator. This process can lead to a prolonged probate period, leading from one disagreement to another. Anyone who creates wills online can avoid all the complications that make a terrible scenario during execution.
Conclusion
Finally, the ability to build irrevocable trust is the essence of creating wills online. It is hard for many things to go wrong when you do it the right way. However, the testator subjects the people to unnecessary heartaches if a loophole in the testament makes it challenging to establish and execute the will. Also, the wills created online are as valid as the traditional wills as long as you choose the right firm to complete the process. At Chamberlain, even if you have an existing will, we will be willing to review it and give our professional input. Our goal remains to see your business thrive by every means possible while building trust with us so much that you won’t have to prove it in court anymore.
See also: The Family Lawyer’s Role in Domestic Violence Cases
