What is a Will?

Your last will and testament is the document that will carry out your wishes after your death. This is a document through which you regulate the rights of others over your property or family after your death. This is the best way to make sure that you take care of everything that you need to, even after your own death.

If you look at the terms will and testament strictly, your will is a very broad and general term that covers your wishes while your testament applies only to your personal property and the disposition of it. The distinction between these terms, however, is rarely used. Instead, most people simply draw up their last will and testament in one document.

When you consider drafting a will, it is important to note that there are certain terms that apply to this document. You will need to understand these terms when you create your will.

If you want to leave your personal property to someone, this is called a bequest. If you change your will in any way, you add a codicil. This is basically an amendment. A devise is a gift of real property instead of personal property. The person that you give this devise to is called the devisee. Bequests and devises, however, can both be considered legacies.

Probate is the legal process that occurs while your last will and testament is being carried out. The person who carries out your will is your executor, and you are the testator.

Speak with an Austin Family Attorney

There is a lot of information that pertains to will and the drafting thereof. If you would like more information on wills or would like help drafting your will, contact the Austin family attorneys of Slater Kennon & Jameson at 512-472-2431.