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Why everyone should make a will
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Why everyone should make a will

There is a feeling among some people that you have to have plenty money and property for it to make sense to make a will but this is far from the truth. Find out what the Star reader below has to say about the making of a will.

"I read your article in the newspaper about 'Will', please give me some advice about how I go about making a will. Do I have to go through a lawyer or can I just purchase a will form at one a stationery. I don't possess much, all I have is a little savings in two accounts and I own a National Housing Trust house for which I still pay mortgage. Do I still have to make a will?"

While I am not aware of the balances in your accounts, I believe what you have might be substantial and should not be discounted.

Further, a NHT house is a most valuable asset. Your story is similar to the stories of many successful Jamaicans today.

All of what you own could amount to millions of dollars but even if the value was small it would still make good sense to make a will.

It is important to note that a will does not only speak about the bequeathing or devising of property but it sometimes says who is responsible for collecting and distributing the assets of the Testator (the deceased), it can tell whether or not the Testator wishes to be buried or cremated and it can also speak to the custody of children or to put it another way, in whose care the children should remain.

Exact share

With respect to property, it can prescribe the exact share for beneficiaries and where the children are minor and/or physically or mentally challenged you may use the will to set up a trust for the continued maintenance and care of the children. In sum, the will speaks from the grave and brings some order to the after life. Like life and death, it is there for the rich and the poor.

In making the will you may consult and retain a lawyer or you may purchase a will form. Whatever you do, the provisions of the Wills Act must be complied with at all times.

Among other things, the Testator must sign his or make his mark in the presence of two witnesses, both of whom must be present at the same time to witness the signature of the Testator and attest to the document.

My advice is for you to go and make a will today or as soon thereafter as possible.

Keith N. Bishop is an Attorney-at-Law and partner in the law firm of Bishop & Fullerton.

He may be contacted by email at knbishop@gmail.com or by text at 779-2871.

 

November 20, 2008

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