The process of proving a will is a legal process undertaken when an individual passes away. This process ensures that the deceased’s wishes regarding the division of their estate are followed properly and confirms the validity of the wishes outlined in the will. In essence, proving a will can be seen as a last effort to legally validate the wishes of the deceased.
The process of proving a will is a complicated one and generally requires two steps – making sure that the will is authentic and then actually proving the will in court. Firstly, authenticating a will requires that the document is verified by an expert witness, a lawyer, or a bank officer who can confirm that the deceased’s signature is authentic. Secondly, it is necessary to prove the will in court through sworn oral testimony.
Once the will is proven, it is recognized by the court as being legally binding. This allows the executor of the will – the person appointed by the deceased to distribute the estate – to begin the process of carrying out the wishes of the deceased. Proving the will is of utmost importance as it enables the terms of the deceased’s wishes to be respected and observed.
Without a will, an executor will have no legal document to support their decisions when carrying out the deceased’s wishes. This process is further complicated when dealing with large estates and can have severe consequences if mistakes are made. Therefore, it is very important to ensure that wills are authentic and legally recognized in order to prevent costly issues from arising down the line.
It is never too early to start planning for once life has come to an end. By having a legally proven will in place, individuals can rest assured that their estate is in good hands and that their wishes are respected and followed.