![]() Others have a standing appointment with their attorney on an annual basis to review and adjust their wills as needed. Some people only review their wills after a major life event like a marriage, the birth of a child, or the death of a loved one. However, it is a good idea to review it regularly to see that it still reflects your wishes. When you have a will in place, you never have to change it. These things and more could affect your estate. You could gain money or property, get married, get divorced, or have a child. After all, many things can happen between creating your will and the will’s admission to probate. ![]() Once you and your attorney draft your will and it is properly executed, you can keep that same version of your will for the rest of your life. This generally takes nine months to three years or longer. After the handwriting and signature are deemed real, the will must go through the probate process like any other will. In order to determine the validity of a holographic will, three disinterested witnesses who are familiar with your handwriting must testify that your handwriting and signature are authentic. If you write a holographic will, the court will have to examine your will after your passing to determine its validity. ![]() A handwritten will that is written entirely in the hand of, and signed by, the testator and not witnessed by any other persons is called a holographic will. Yes, a handwritten will may be legal, but it does not come without risk. If you decide to hire an attorney to create your will rather than doing it yourself, then you can have peace of mind knowing that your will follows Arkansas probate code standards and will be valid in court. However, unless at least two of your other witnesses are disinterested, the interested witness cannot inherit a portion of your estate that exceeds in value what he or she would have been entitled to under Arkansas law if you had died intestate.Īn estate planning attorney knows these obstacles, and others, that come with drafting a will. In Arkansas, the use of an interested witness will not make your will invalid. Therefore, a witness should not be a potential heir or beneficiary. For example, the witnesses to your will should be disinterested witnesses, meaning that they are not persons who could potentially benefit from your will. This seems simple, but there are some pitfalls that you want to avoid. They should in turn sign the will to verify that they witnessed its execution and can attest to its validity. You should then sign the will in their presence. In order to create a valid will in Arkansas, you should declare to two or more witnesses that the document is indeed your will. However, if you do it incorrectly, then it could affect the validity of your will, and your final wishes may not be honored after your passing. The execution of a will in Arkansas seems relatively simple. With each asset in your estate, you can designate who receives the asset upon your passing. Many types of property may be included in your estate, including bank account funds, stocks and bonds, real estate, vehicles and boats, furniture, jewelry, or photographs. You tailor the will to what is important to you. In Arkansas wills and probate law, the person who creates the will is called the testator, and the person designated to handle the estate after the testator dies is known as the personal representative. A will is a document that designates who manages your estate after you pass away.
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