In the
common law, a
will or
testament is a document by which a person (the
testator) regulates the rights of others over his or her
property or
family after
death. For the devolution of property not disposed of by will, see
inheritance and
intestacy. In the strictest sense, "will" is a general term, while "testament" applies only to dispositions of personal property (this distinction is seldom observed). A will is also used as the instrument in a
trust.
Any person over the age of majority can draft their own will without the aid of an attorney. Additional requirements may vary, depending on the jurisdiction, but every will must contain the following
After the testator has died, a probate proceeding may be initiated in court to determine the validity of the will, i.e., whether it satisfied the legal requirements, and to appoint an executor. If the will is ruled invalid in probate, then inheritance will occur under the laws of intestacy as if a will were never drafted.
There is no legal requirement that a will be drawn up by a lawyer, although there are pitfalls into which home-made wills can fall. The person who makes a will is not available to explain him or herself, or to correct any technical deficiency or error in expression, when it comes into effect on that person's death, and so there is little room for mistake. A common error (for example) in the execution of home-made wills in England is to use a beneficiary (typically a spouse or other close family members) as a witness -- although this has the effect in law of disinheriting the witness regardless of the provisions of the will.
