Charleston Last Will and Testament Lawyers
A will is a legal document where a person (the testator) names one or more people to manage his/her estate and directs that person how he/she wishes the property to be divided. With no will, property is disposed of by intestacy laws. Also with no will, the executor will likely be required to post a bond.
A will may also create a trust which goes into effect in the event of death. A trust does not have the limitations that a Will has. For instance, a Trust can protect the estate from a beneficiary’s creditors.
There are certain requirements for the creation and execution of a will. For instance, West Virginia requires the execution to be witnessed by two competent witnesses. West Virginia also recognizes holographic Wills if the document meets certain requirements. West Virginia also allows the testator to include at the end of his/her Will a self-authenticating affidavit, allowing the executor to omit this step during probate.
A will does not necessarily have to be drawn by a lawyer, but it is a good idea to have one involved to ensure that the document is clear and accurate to the testator’s wishes, and to ensure that the document meets the state requirements of a Will. The person who executes a Will is not available to explain him/herself, or to clarify any technical deficiency or mistake in expression, when it comes into effect on that person’s death, and therefore, there is little room for mistake.
