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A Will and Testament is one of the most important legal documents a person can sign. At Hancocksigning, we help signers navigate important paperwork with clarity and confidence. A will provides written instructions for what happens to your property and responsibilities after you pass away, helping reduce confusion, stress, and family disputes. Understanding how a will works makes the signing process smoother and more meaningful.
What a Will Is in Plain English
A will is a legal document that explains who receives your money, property, and personal belongings after death. It also allows you to name trusted individuals to manage your estate or care for minor children. This document only takes effect after death, but having it properly prepared and stored makes a major difference for loved ones when it is needed.
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The Key People Named in a Will
Every Will and Testament identifies important roles. The testator is the person creating the will. Beneficiaries are the people or organizations receiving assets. The executor is responsible for managing the estate and ensuring instructions are followed. Clearly naming these individuals helps avoid delays, confusion, and unnecessary legal issues during probate.
What a Will Covers (and What It Does Not)
A common misconception is that a will controls everything a person owns. In reality, some assets—such as life insurance policies, retirement accounts, and jointly owned property—pass directly to named beneficiaries. A will mainly controls assets owned solely by the signer. Knowing this helps signers understand how their estate is structured and why organization matters.
How a Will Keeps You in Control of Your Estate
Without a will, state law decides how assets are distributed. These default rules may not reflect personal wishes or family dynamics. A Will and Testament allows you to make those decisions yourself and clearly communicate them. Many signers keep all estate-related paperwork together so instructions are easy to locate and understand.
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Why Parents Especially Need a Will
For parents with minor children, a will is essential. It allows parents to name a guardian they trust. Without this designation, a court may decide who cares for the children. Including guardianship instructions in a will helps protect children and provides guidance during an emotional and uncertain time.
Why the Will Signing Process Matters
A will must be signed correctly to be legally valid. This usually includes signing in front of witnesses who confirm the signer appeared willing, aware, and of sound mind. These steps protect the document from being challenged later and ensure the signer’s wishes are honored.
What the Self-Proving Affidavit Is
Some wills include a self-proving affidavit, which is signed by the testator and witnesses and notarized. This affidavit helps the court accept the will more easily during probate by confirming that proper signing procedures were followed. Protecting notarized documents helps preserve their long-term integrity.
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What a Notary Can and Cannot Do for a Will
At Hancocksigning, our role is to verify identity and notarize or witness signatures when required by law. Notaries do not draft wills or provide legal advice. Legal questions about a will should always be directed to an attorney. Proper preparation before the appointment helps the signing go smoothly.
When a Will Takes Effect
A Will and Testament does not take effect immediately after signing. It becomes active only after the signer passes away. At that time, it is reviewed during probate, a legal process that ensures debts are paid and assets are distributed according to the will or state law.
Why You Should Review Your Will Regularly
Life changes can affect whether a will still reflects your wishes. Marriage, divorce, children, new property, or relocation are all reasons to review and update your will. Periodic reviews help ensure your estate plan stays accurate and effective.
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A Will Is About Peace of Mind
A Will and Testament is more than a legal document—it is a way to protect loved ones and reduce uncertainty. At Hancocksigning, we focus on providing calm, professional, and informed signing experiences so you feel confident about the documents you sign and the legacy you leave behind.
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