The Will Kit FAQ
First off, is this really free?
Yes! Your Free Will Kit will be delivered to you at no-cost, no purchase necessary.
How will The Free Will Kits™ be delivered?
You will be contacted by a local representative to schedule the delivery date and time.
What is included in The Free Will Kit™?
Included in The Free Will Kit™ is a Will and Testament, a Living Will w/ Health Care Surrogate and our easy to use, easy to read, Will Kit Workbook! The workbook gives step-by-step directions into filling out your Will's.
What happens if I die without a will?
If you die without a will, that will mean that you have died “intestate.” Basically when that happens, the laws of the state in which you reside in will take affect and they will determine how your property will be distributed upon your death. That includes real estate, bank accounts, securities, and other assets you own at the time of your death.
Do I need a lawyer to make a Will?
No, you do not need a lawyer to help you make a will. It can be done on your own and it will save you the costs associated with hiring a lawyer.
What does it take for a will to be valid?
A will must be voluntarily written and signed by the testator. If the testator is under duress at the time of signing it will not be valid. Also, a will needs at least two witnesses to sign the will in the presence of each other and the testator. It does not need to be notarized for it to be legal and valid.
What is a self-proving will?
A will that is self-proving is signed by two witnesses and the testator in front of a notary at the same time. This will bypass the need for the court to have to contact the witnesses and it will ultimately speed up the execution of your will.
Is a will legally enforceable?
Yes, when filled out properly and executed wholly and correctly, a will is a legal document that supersedes and other document, verbal contract, written contacts, etc.
How much does it cost to get a simple will?
For a lawyer to write a will for you on the low end it will cost you around $1,000 but it is not entirely out of the norm to be charged upwards of $1,500 for a basic will drafted by a lawyer. They usually charge a one-time flat fee.
Is a handwritten will legal if it is notarized?
Holographic Wills do not need to be witnessed or notarized in most states. However, having witnesses and notarization (self-proving) speeds up the probate court because the court will not have to validate your handwriting.
Can the notary of a will be a witness to the will?
No, a notary cannot be a witness to a will because a notary is unable to notarize their own witness signature. However, if a friend or a neighbor happens to be a notary and you would like them to be a witness then you must get someone else to notarize the will.
Who can be a witness to a will?
A witness must be independent of the testator, which means they cannot be related to the will maker or be a beneficiary under the will. It can be a neighbor or friend or anyone for that matter. The witness must be at least 18 years old.
Can a person be an executor and a witness to a will?
Yes, as long as they do not gain any benefit or is a beneficiary of your will.
How many people do you need to witness a will?
Two people must witness a will.
What are the witnesses for?
To verify the authenticity of the will as your will. Witnesses do not need to know what is in the will, just that it is your will and you are not acting under any undue influence or duress, and are of sound mind at the time of writing your will.
Why do I need two witnesses?
Because at the time of the will’s need for execution, the person who wrote the will is no longer around to say whether or not the will being presented to court is really is or her own will. So the reason for two witnesses is that by that time, if one of the witnesses is unavailable or no longer alive to state to the court that they witnessed the testator signing the document, then they have one more witness to fall back on. This is where a self-proving will comes into place when both witnesses pass away, otherwise there is no way to prove the wills validity.
How do I prepare to make a will?
- Decide what property to include in your will.
- Decide who will inherit your property.
- Choose an executor to handle your estate and digital estate.
- Choose a guardian for your children.
- Make your will.
- Sign your will in front of witnesses.
- Store your will safely
DISCLAIMER: The author, the publisher and the vendor of these forms makes no representations or warranties regarding the outcome or the use to which these forms are put and are not assuming any liability for any claims, losses, or damages arising out of the use of these forms. The user should not rely on the author or the publisher of these forms for any professional advice. Always consult with a lawyer regarding the rules and regulations governing your residing state/province. The information provided is for illustrative purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issues and concerns related to the drafting of wills and other legal documents. Remember that individual situations and estate planning needs differ, and this Kit may not be suitable for your specific circumstances.