types of wills. kinds of wills. mutual will, nuncupative will, video will
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types of wills. kinds of wills. mirror will. joint will. pour over will. testatmentary trust will
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types of wills. kinds of wills. mirror will. joint will. holographic will
  1. Attested WILL An attested WILL is a witnessed WILL and is the most common among WILLs. It must be signed by the owner (Testator) of the WILL and must be signed by the witnesses.

  2. Conditional WILL A Conditional WILL is a WILL only if the conditions are met. If the conditions are not met and if there is no other WILL, then intestacy will apply. E.g. A person can set a condition that if he dies of cancer, 50% of the estate will be donated to cancer research and the rest to the spouse. If the person did not die of cancer and does not have another WILL, then the estate will be treated as one without a WILL.

  3. Holographic WILL A Holographic WILL is a will that is handwritten by the owner (or Testator). It does not have any witness or witness signature. Many states or countries do not recognise the validity of Holographic WILL.

  4. Joint WILL A Joint WILL is a WILL that two people make together. When one of them passes on, the Joint WILL usually ensures that the estate of the deceased pass on to the other. The Joint WILL also determine how the estate will be distributed when the second person passes on. A Joint WILL prevents the second person from changing the WILL or changing his/her mind on how the estate will be distributed upon his/her death. This ensures that the wishes of the first person (in the Joint WILL) are honoured.

  5. Living WILL A Living WILL does not fall into the true definition of a WILL where the Testator dies before the WILL is executed. A Living WILL is executed usually when the Testator is terminally ill as a result of an accident or illness and cannot be restored to consciousness. An example: The Living WILL tells doctors or hospitals whether the person wishes to have life support.

  6. Mirror WILL A Mirror WILL is when two people (e.g. husband & wife) make identical WILLs, or almost identical WILLs. E.g. should one partner pass-on, everything goes to the other person respectively and if both pass-on together then everything goes to their children. If they have no children then to a named beneficiary.

  7. Mutual WILL Unlike a Joint WILL (which is a single WILL document), a mutual WILL is one of two separate WILLs that share reciprocal provisions (e.g. one signed by the husband and the other signed by the wife). The Mutual WILLs are identical and the WILL of the survivor cannot be revoke after the death of the first. The recognition of such WILL varies widely from jurisdiction to the next.

  8. Nuncupative WILL A Nuncupative WILL is an oral WILL. It is a WILL that is spoken and not written. Many states or countries do not recognise the validity of Nuncupative WILL.

  9. Pour-Over WILL A Pour-Over WILL is a WILL where there is a provision stating that if any assets are left out, then the left-out assets are to be transferred (pour-over) to a Trust. Assets left-out must go through probate before it goes into the trust.

  10. Testamentary Trust WILL - A Testamentary Trust WILL or simply Testamentary Trust is a trust established under a WILL, but it does not come into effect until after the death of the person making the WILL or the Testator.

  11. Video WILL A Video WILL is one in which the Testator read the WILL and explain how the assets or the estate are allocated. The advantage of the video WILL is its ability for the Testator to explain with emotions his/her decisions on the allocation. The Testator can personalise his/her explanation to each beneficiary. The video can provide a compelling proof that the Testator was mentally competent if there is a challenge to the WILL contents. However, a video WILL alone may not be accepted in many countries. It is wise to have a properly prepared written WILL and the video WILL as a supplementary (not substitute). Please also note that a video WILL may not last forever and are subject to technology change and damage.

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types of wills. kinds of wills. mirror will. joint will