How to Write a Free Will With Beneficiaries

Lawyers aren't the only ones who know how to write a will.

Everyone should have a will, but it is especially important when you have beneficiaries who might otherwise not inherit if your estate goes through probate without a will. Luckily, you don’t need to hire an expensive lawyer to write a proper will. As long as you include a few key elements, you should be able to write a free will, complete with beneficiaries, which will hold up in any U.S. court.

Instructions

1. 

   Title your will.

   Write the document title. Use word processing software to ensure readability. In most cases, your will should be titled, “LAST WILL AND TESTAMENT.”

2. 

   Write a declaration statement.

   Write the declaration statement. In this statement, you will state your full name and residential address and explicitly declare that you are of legal age to make this will and are of sound mind and memory. You should also state that this is your last will and testament, and that this will revokes all previously made wills and codicils. You also need to state that you are not under duress or undue influence to make this will.

3. 

   Name an executor.

   Name an executor. In many cases, your executor will be either your spouse or your main beneficiary. You may also choose to nominate a competent friend or relative. You should name an alternate executor in case your first choice is unable to fulfill these duties when the time comes.

4. 

   Name a guardian for minor children.

   Name a guardian for your minor children. If you do not name a guardian for your minor children, then the state will appoint one for you.

5. 

   Name your beneficiaries.

   Name your beneficiaries. List all details about your beneficiaries, including full names, their relationship to you and even their Social Security numbers if available to ensure there is no doubt as to the identity of your beneficiaries. Also name alternate beneficiaries in case your chosen beneficiaries should pass at the same time.

6. 

   Detail all assets that are part of the estate.

   Detail your assets. Give a full listing of all assets that are part of the estate. These are any assets which are not already assigned to a beneficiary by other means, such as a life insurance policy.

7. 

   Sign and date the will.

   Print and sign your final document. You must sign your will in front of a specific number of witnesses, which may vary from state to state. Add the date and place that you signed the documents.

8. 

   Your witnesses should also sign and date the will.

   Ask your witnesses to sign the document. Include each witness’ full name, address and signature on the document, as well as a declaration that they witnessed this signing and they are legal adults. They will also need to list the date and place of signing.

Tips & Warnings

• Some states require a will to be notarized to be valid. But even if your state does not require this, it is always a good idea to have all legal documents notarized.

• Consult with an attorney to ensure you have met all legal requirements.

References

• Free Legal Documents: How to Write a Will