A will is a legal document that provides instructions on how a person’s assets and properties will be distributed after their death. A will is a vital document that ensures that a person’s wishes are followed after their death. However, to be valid, there are certain prerequisites that must be met. In this essay, we will critically analyze the prerequisites of a valid will.
The first prerequisite of a valid will is that the person making the will must have the capacity to make a will. This means that the person must be of sound mind and be at least 18 years old. The person must understand the nature of their assets and the implications of their decisions. This prerequisite is important because a person who lacks the capacity to make a will cannot make informed decisions about their assets.
The second prerequisite of a valid will is that it must be made voluntarily. This means that the person making the will must not be under any undue influence or pressure from any third party. Undue influence can be exerted by family members, friends, or even caregivers. If a person is coerced into making a will, it may not reflect their true intentions.
The third prerequisite of a valid will is that it must be in writing. This means that the will must be in a physical form and not just an oral statement. The will must be signed by the person making the will, or by someone at their direction in their presence. The will must also be witnessed by at least two witnesses who are present at the same time. This is important because it provides evidence that the will was made by the person and not someone else.
The fourth prerequisite of a valid will is that it must be clear and unambiguous. This means that the instructions in the will must be specific and not open to interpretation. The will must clearly state how the person’s assets will be distributed, and to whom. If the will is ambiguous, it may be subject to legal challenges.
The fifth prerequisite of a valid will is that it must be executed properly. This means that the will must be executed according to the laws of the jurisdiction where it was made. Different jurisdictions have different laws regarding the execution of a will, so it is important to follow the laws of the specific jurisdiction.
In conclusion, a valid will is an important legal document that ensures a person’s assets are distributed according to their wishes. To be valid, the will must meet certain prerequisites, such as the capacity to make a will, voluntary making of the will, being in writing, being clear and unambiguous, and being executed properly. It is important to consult a legal professional when making a will to ensure that all the prerequisites are met and the will is legally binding.