What is a last will and testament?
Joe wrote out a list of what he wanted to go to certain people. However, that’s all it was, a list of people followed by what they get. His family later found out that wasn’t enough.
Just writing down your wishes is not enough. It takes the right legal format and wording to make a proper last will and testament.
A Last Will and Testament is a list of instruction for the distribution of your final estate. It names the person, the executor, who will be in charge of the distribution. Its other very important function is to name your choice of guardian for children under the legal age of 18.
The requirements for creating a Will in Arkansas are basic. You must be over 18, know what you have and know who you want to have it. If you meet those three requirements, then you can create your Will. Even people with mild to moderate dementia can still create a Will since the mental requirements are not hard to meet.
A Will lists the people or organizations and charities that you want to receive gifts of your property. If you have children, including adopted children, that you want to leave out, they must be mentioned in the Will. Otherwise, by Arkansas law, they can make a claim against your final estate.
A Will also lists the powers that your executor will have. Wills without any powers listed must have almost every action approved by a Judge. Wills with a comprehensive list of powers need fewer trips to the Judge to get permission to do things.