Simple English definitions for legal terms
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Proving a will means showing a court that a document is a valid will. This is usually done by proving that the person who wrote the will signed and dated it, and that it was witnessed by at least two other people. If the will is handwritten and not witnessed, it can still be valid if friends and family can confirm that the handwriting is the deceased person's. If the original will is lost or destroyed, other sources of proof can be used, such as recordings or testimony from witnesses. If a will is found to be fraudulent or influenced by someone else, it is not valid. When someone dies, their will is used to distribute their property and belongings to their loved ones.
Definition: Proving a will is the process of convincing a probate court that a document is a valid will. This is usually done by showing that the will was signed and dated by the deceased person and witnessed by at least two other people. If the will is completely handwritten by the deceased and not witnessed, it can still be considered valid in some states if the executor can prove that the handwriting is the deceased's. Secondary sources, such as recordings of declarations by the deceased, can also be used to establish the validity of a will.
Example: John passed away and left behind a handwritten will that was not witnessed. His executor, Sarah, must prove that the will is valid by producing friends and family members who can testify that the handwriting is John's. If Sarah can successfully prove the will, it can be used to distribute John's assets according to his wishes.
Explanation: This example illustrates how a holographic will, or a will that is completely handwritten by the deceased and not witnessed, can still be considered valid if the executor can prove its authenticity. In this case, Sarah must provide evidence that the handwriting on the will is John's, such as testimony from friends and family members who are familiar with his handwriting.
Example: Mary's will was lost, but her executor, Tom, was able to produce a certified copy of the record of the proceedings in probating the will. This copy was used to establish the terms of the will and distribute Mary's assets according to her wishes.
Explanation: This example illustrates how secondary sources, such as certified copies of probate proceedings, can be used to establish the validity of a will when the original document is lost or improperly destroyed. In this case, Tom was able to use the certified copy to prove the terms of Mary's will and distribute her assets accordingly.