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Reasons For Making A Probate Will

By John Saparo

The last wish of the dearly departed can be expressed inside his or her will. The entire probate process depends on the existence or inexistence of a will particularly because it names the heirs. When there is a will, the probate process is very much simplified.

A probate will must have someone to execute it.That person is referred to as the personal representative. S/he can be the executor of the will, named by the person who has died, or someone appointed by the Court. In the event there is no will there is still the need of an administrator to deal with all the affairs. S/he too will be named by the Court. The personal representative of the will doesn’t have to be some authority in finances. What is requested from this person is more connected with with matters of the heart. He or she must be loyal, trustworthy and take everything seriously.

It isn’t compulsory to administer the will as its executor and this responsibility can be refused. Hence, if the executor of the will doesnt feel inclined to take up the succeeding responsibilities, the Court may name another personal representative. Nevertheless, one should bear in mind that the executor of the will is remunerated. A percent of the estates value is the fee of the executor.

Nevertheless, one should know that wills are not invincible. There is the possibility that a will might be contested. The instances when someone objects to a will are rather numerous. In practice, there are small chances that the contestation of a will wins in court. Behind a will contest lurk many unsolved family issues. These conflicts are usually the toughest to settle. Those who object to a will can invoke many reasons such as its invalidity or the existence of a more recent document. Whichever the case it is the Court’s job to decide whether or not these claims are founded.

When there is a will, the wishes of the person that has dies are easier to respect and the conflicts that can arise within the family can be settled more rapidly. A will is an expression of clarity, righteousness and generosity. That is why whoever administers and interprets the will should take the responsibility very seriously. After all, it is the last palpable link between the deceased and the loved ones.

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Article Citation
MLA Style Citation:
Saparo, John "Reasons For Making A Probate Will." Reasons For Making A Probate Will. 21 Aug. 2010. uberarticles.com. 4 Apr 2015 <http://uberarticles.com/legal/reasons-for-making-a-probate-will/>.

APA Style Citation:
Saparo, J (2010, August 21). Reasons For Making A Probate Will. Retrieved April 4, 2015, from http://uberarticles.com/legal/reasons-for-making-a-probate-will/

Chicago Style Citation:
Saparo, John "Reasons For Making A Probate Will" uberarticles.com. http://uberarticles.com/legal/reasons-for-making-a-probate-will/


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