How to Write a Legal Will
Everyone who is of legal age and mentally competent should have a Last Will and Testament that meets the requirements of their state. If you die without a valid will, your state's statutes will determine how your assets will be dispersed. Verbal agreements between you and others are not valid in court, and your beneficiaries cannot dispute the court's decisions about your assets. Writing your legal will is an effective way to remain in control of your assets after your death.
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Things You'll Need
- Blank paper
- Will form (optional)
- List of estate assets
- Two witnesses
- Attorney (optional)
Instructions
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Appoint an executor and an alternate executor to manage your estate after your death. Select a trustworthy friend, a financial planner, an attorney or a qualified fiduciary.
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Select the person(s), charities or organizations you want to be the beneficiaries of your estate and name them in your will.
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Designate the individual(s) you want to act as legal guardian(s) of your minor children in the event of your death. Discuss this with the proposed guardian(s) prior to writing your will to ensure they are willing and able to carry out this responsibility.
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Type your will yourself or use a template. Last Will and Testament forms for every state are available on the Internet for free or for a small fee.
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Sign and date your will in the presence of two competent witnesses. If you are unable to sign your will, designate a competent person to sign for you. Witnesses should sign in your presence and in the presence of each other. Your witnesses should preferably not have an interest in your estate. Some states require witnesses to sign a separate witness affidavit that must be notarized.
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Place your legal will in a safe place in your home or in a safety deposit box. Advise your executor and alternate executor as to where your will is located.
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Tips & Warnings
Proofread your Will for accuracy before signing.
Each state has different requirements regarding wills, so be sure the form or service you use follows your state's laws.
Wills do not need to be filed with a court until after your death.
Write your Last Will and Testament without delay. It is a very important document, especially if you have minor children.
References
Resources
- Photo Credit signing a contract image by William Berry from Fotolia.com
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Comments
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rainlily
Jul 16, 2010
It sounds much easier than I ever thought it would be to write my own legal will. I really thought I would have to have it notarized or see an attorney to do this. I will search for the templates and do this right away. Thank you for the timely and important information in this article.
