A will is a legal document that outlines what a person wants to happen after their death in terms of their funeral, care for their children and most importantly, the distribution of their inheritance. When someone dies after drawing up their will, they are said to have legally died. The opposite of this is the death of a will. A will usually specifically mentions the name of the executor, the person entrusted by the testator or testator with the task of carrying out the will after their death. An executor can be a close family member, relative, trusted friend or even a lawyer. An executor is usually referred to as the ‘representative of the estate in a will’ in a will to include executors of both sexes.
A will is very important because it makes things easier for the family of the deceased, especially when it comes to the distribution of inheritance. A will reduces the chances of disagreement or misunderstanding between family members when trying to figure out the deceased’s wishes for death. However, managing a will is not as easy as it sounds. This is because the law requires a will to be legalized by a court which can take several months to do. The ratification of a will is carried out by the executor by submitting an application for an Endorsement Grant at the will court.
A will is a legal process for identifying, validating, and distributing the estate of a deceased person under strict court supervision. The probate process includes paying debts to creditors and paying taxes owed such as death and inheritance taxes. A probate court is a special court that interprets wills and validates any claims to inheritance made by third parties such as creditors of the deceased. The court oversees the legalization process from the time the executor applies for a will, until it is granted and ownership of the property is transferred to the beneficiary.
For executor of wills who will be given a will, they must first attend the court registration of wills, deceased wills and oaths approved by lawyers. The oath indicates that the executor is committed to fulfilling the wishes stated by the deceased in the will. Executors named in wills are usually not recognized by law until the will court formally appoints them as representatives of the estate in the will.
If the will is drafted properly, the court takes less time to issue the will. If the beneficiary is not completely satisfied with the court’s decision, the probate law allows them to challenge the validity of the will in the same court. In such cases, the estate remains frozen until the court makes a valid decision. In the event of the death of the will, or if no executor is named in the will, the granting of a will is referred to as an ‘Administrative Letter’. It is also obtained through a court process and given to the person deemed most appropriate by the court to execute a will or distribute inheritance.
A will or probate attorney is a trained professional who offers legal services to an executor. Such professionals assist executors by fulfilling the tasks assigned to them by wills. An attorney may be hired to offer advice or represent the executor in probate courts. They can also help pay death and inheritance taxes.
