Where There’s a Will, There’s a Way
Posted By Irene C. Olszewski, Esq. on April 21, 2010
“In this world nothing can be said to be certain, except death and taxes.” — Benjamin Franklin
I find it interesting that people are diligent about obtaining life insurance policies to assist their loved ones financially after they die but so many put off preparing a Last Will and Testament. I’ve actually heard people say that they are afraid that if they do make a Will, they will die. I suppose it’s like walking under a ladder, having a black cat cross your path, or opening an umbrella indoors. In my professional experience, people don’t suddenly drop dead ten minutes after publishing a Will. We’re all going to die some day but making a Will probably won’t end our lives any sooner than it was going to end any way.
With that said, a Will is a document meeting certain formal requirements by which an individual may provide for the disposition of his or her property after death. In Connecticut, a Will must be in writing, it must be signed by the person making the Will (known as the testator or testatrix) and it must be attested by at least two witnesses who must sign in the presence of the person making the Will.
When a person writes their own Will, they run the risk of the document not being valid in their state. If a resident of Connecticut wrote: “I, John Doe, leave all of my wordly goods to my brother, Albert Doe. Signed John Doe,” that Will would be considered invalid because it does not meet the requirements of construction I listed in the previous paragraph. Such a Will is known as a holographic Will.
I have had cases where a widowed spouse submitted a Will to the Probate Court and was told that it was invalid. In one such case, the deceased spouse had purchased a Will online. Not all Wills are created equal and it is important to be aware of that fact. If you don’t have a Will, you should contact a licensed attorney in your state for advice. If you do have a Will that wasn’t drafted by a licensed attorney, you should have it reviewed by one to determine whether or not it is valid.
Just be sure to put a rabbit’s foot in your pocket before you make the call.
Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.
copyright 2010 Irene C. Olszewski
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My father wrote his own will. Said he didn’t need to pay someone with a fancy title to do it for him. Boy, was he wrong. The court battle took forever and really divided our family. It turned out not to be valid. If you learned anything from this post, it’s that you need to call a lawyer!