Define: Ut Voluntas Testatoris Sortiatur Effectum

“Ut Voluntas Testatoris Sortiatur Effectum” is a Latin phrase that translates to “so that the will of the testator may be carried out.” It refers to the principle that a person’s last will and testament should be executed according to their wishes.

To ensure that your will is carried out according to your wishes, it is important to clearly state your intentions in the will document. You should consult with an attorney who specializes in estate planning to draft a legally valid and comprehensive will that reflects your desires.

Yes, unfortunately, even if you include the phrase “Ut Voluntas Testatoris Sortiatur Effectum” in your will, it does not guarantee that your will won’t be contested. If someone believes that your will is invalid or that there was undue influence or fraud involved, they may challenge it in court.

If your will is successfully contested, the court may declare it invalid in whole or in part. In such cases, the court will determine how your assets will be distributed based on the applicable laws of intestacy.

Yes, you can change your will after it has been executed. This is typically done through a legal process called a codicil, which is an amendment to your existing will. It is advisable to consult with an attorney to ensure that any changes you make are legally valid.

While it is not legally required to have a lawyer draft your will, it is highly recommended. An attorney specializing in estate planning can provide valuable guidance, ensure that your will is legally valid, and help minimize the chances of it being contested.

If you die without a will, your assets will be distributed according to the laws of intestacy in your jurisdiction. These laws vary depending on your relationship status, whether you have children, and other factors. It is generally advisable to have a will to ensure that your assets are distributed according to your wishes.

Yes, you can disinherit someone in your will. However, it is important to consult with an attorney to ensure that you comply with the legal requirements of your jurisdiction. Some jurisdictions have laws that protect certain family members from being completely disinherited.

Yes, you can name a guardian for your minor children in your will. It is important to discuss this decision with the potential guardian beforehand to ensure their willingness to take on the responsibility. The court will consider your nomination but ultimately make a decision based on the best interests of the child.

It is generally recommended to review and update your will every few years or whenever there are significant life changes, such as marriage, divorce, birth of children, or acquisition of substantial assets. Regularly reviewing your will ensures that it remains up to date and accurately reflects your current wishes.