How To Write Your Own Last Will And Testament

Writing Your Own Last Will And Testament

A last will and testament is a legal document that dictates what will happen to your possessions and assets once you pass away. When writing a will one must make sure that, the document fulfills a number of legal requirements. When writing a will:

1. Decide How To Write The Will

You can write your own will. Once you know your state's requirements, decide how you plan to fulfill them. You can write your own will and be responsible for making sure it fulfills your state's requirements. Be aware that state laws can change from year to year, so the process may be more complicated than you think.

Hire an attorney. An attorney can review the will you write, provide you with witnesses, and ensure that you have met your state's requirements. This can be a costly option depending on your attorney’s fees and how complicated your will is.

Use online will writing services. This type of service will automatically ensure that your will is written according to your state's requirements.

2. Identify Yourself On The Will

Make sure to identify yourself clearly so that your will is not confused with that of someone else with the same name. Identify yourself by name, Social Security number, and address. In addition, you can also provide a different form of ID, such as a driver's license or state issued ID number.

3. Make A Declaration

Introduce the document as your last will and testament as the first sentence of your will. In the full declaration that follows, you need to state clearly that you are of sound mental health and of contractual capacity, and that this will expresses your last wishes. Without this important step, it could be argued that your will is not legally viable.

4. Include A Provision Nullifying All Previous Wills.

This type of provision will ensure that any previous wills that you may have written are no longer valid.

5. Include Information Attesting To Your Soundness Of Mind

Wills can be challenged if the testator of the will was not of sound mind. The testator should include information in the will that proves the testator’s soundness of mind.

6. Attest That Your Wishes Do Not Result From Undue Influence

The disposition of assets in your will must be according to your wishes, and cannot be the result of any type of outside influence.

7. Include Family Details

If you are leaving part of your estate to a spouse, children, or other family members, you should name them as such in your will.

8. State Your Appointment Of An Executor

This person will ensure that your will is followed. The Executor is known in some states as a "personal representative.” You may also want to name a secondary executor if the first is unable to perform the duties at the time of your death.

9. Empower The Executor

Authorize the executor to act in your interest regarding your estate, debts, funeral expenses and other items.

10. Sign The Will

Conclude the document with your signature, name, date, and location. Follow your state’s requirements on signing. How you sign, the will is a matter of state law and can affect its validity.