A will (also simply called a will) is a legal document. It indicates your wishes for your property and minor children (if any) after your death. Here you will also appoint a personal representative who will be responsible for managing your affairs. A lawyer asked that the tractor wing be approved as Harris` will. While certainly an unconventional means for a will, the tractor`s mudguard was approved as Harris` will. However, there were other questions that highlight one of the problems associated with holograph wills. Harris began writing (his will) with “In case I die in this mess…” Probably unexpected by him at the time, he actually lived to be saved, but later died. This raises the question of Harris` intent. Did he want the will to be effective only if he died “in this mess” while stuck under the tractor? The topic has not been broached, but it shows the problems that seemingly harmless and irrelevant language can cause.

According to Section 43-8-134 of the Alabama Code, any competent person with a healthy mind and body may serve as a witness. In addition, parties interested or having an economic interest in the will can testify to the will. But it`s never a good idea to have witnesses who are also named as beneficiaries in your will. Under Alabama law, a will is filed with the court after the testator dies. Alabama Code § 43-8-161. So, after your death, your will should be filed with your local probate court by the person designated as your personal representative (also called an “executor” or “administrator”). This is the beginning of the legal process known as “succession”, whereby your wishes are fulfilled under judicial control. Note: Since state laws change frequently, it`s important to do your own legal research to check the state laws you`re looking for. Use this deed to transfer the residential property described below directly to your designated beneficiaries upon your death. YOU SHOULD CAREFULLY READ ALL THE INFORMATION ON THE OTHER PAGES OF THIS FORM. You may want to consult a lawyer before using this act. It may have results you don`t want.

Provide only the information requested in the form. DO NOT INCLUDE ADDITIONAL INFORMATION OR INSTRUCTIONS. This form MUST be registered no later than 60 days after the date of signature and notarial attestation, otherwise it will not be effective. The following table describes the most important laws for wills in Alabama. If you want to make a will, it`s best to contact an attorney with experience in estate planning in Alabama, as there are many legal requirements and tax consequences that are confusing. If you have almost nothing, no money or property, you may not need a will, but you can also create one using a simple will form, just in case your situation changes. If you don`t have a family that can inherit your estate and you don`t want them to go to the state of Alabama, you can also make a will so your assets can go to your friends or favorite charities. No. An attorney is not required to make a will in Alabama. For the vast majority of people, a lawyer will simply do the same things as goodwill software – ask you questions, and then create documents for you based on your information and desires. However, in some situations, it`s a good idea to seek legal advice, such as if you have a child with special needs or if you have a high net worth (around $10 million) and are concerned about federal estate taxes.

In these cases, a lawyer can help you answer specific questions and create an appropriate plan. “Where, following the execution of the will, the deceased is dissolved or his marriage annulled, the divorce or annulment revokes any disposition or disposition of property made by will to the former spouse, any provision conferring on the former spouse a general or special power of appointment and any appointment of the former spouse as executor, trustee or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse by revocation by divorce or annulment is transferred as if the former spouse had not survived the deceased, and other provisions conferring power or office on the former spouse are interpreted as if the spouse had not survived the deceased. If the provisions are repealed only by this section, they shall be restored by the remarriage of the deceased to the former spouse. For the purposes of this Article, divorce or annulment means any divorce or nullity that would exclude the spouse as the surviving spouse within the meaning of Article 43-8-252(b). A judgment of separation which does not terminate the status of husband and wife is not a divorce within the meaning of this article. No change in circumstances not described in this section revokes a will. In order for a person`s instructions in a will to be followed after death, it must be possible to prove the validity of the will during probate proceedings. Probate is simply formally proving the validity of a will and following the deceased`s instructions for distributing their estate after their death. To have a valid will in Alabama, the document must be attested and signed by at least two people.

Despite the fact that it was handwritten by the testator or the person making the will, in Alabama, a handwritten will must still be duly signed and attested to be considered valid. Witnessing a will means that two people have to watch the testator sign the will and then sign the will itself. Witnesses must be over eighteen years of age and of sound mind at the time the testator signs the will. After the testator`s death, when the will is sampled, these two witnesses should testify in probate court that they observed how the testator signed the will, that the testator was over eighteen years old and of sound mind, and that they declared the will to be their last will. It should also be noted that oral wills are not valid in the state of Alabama. However, if they cannot sign the will, they can have it signed by a representative in front of two witnesses. Such a situation could arise if you get too sick to do it alone. Simple wills do not need to be notarized in Alabama as long as the testator signs the will in front of at least two witnesses.