How to Make Legal Wills
A will is one of the most important documents you can make during your lifetime. It protects your assets and makes sure your estate passes in accordance with your wishes. It also prevents your family from having to make decisions on your behalf during an especially stressful and emotional time. While making a will is important, it is equally important to update your will regularly. You should update your will whenever a life changing event occurs, such as marriage, divorce, birth of a child, change in your estate, or death of a beneficiary.
Instructions
-
-
1
Appoint an executor, a person responsible for carrying out the will, to your estate. You should list the person's name and contact information in the will.
-
2
Determine the distribution of your assets. This involves deciding what property you want to list in your will and the beneficiaries, people who will receive the property. You should list this information in the will. There is no set format for the creation of the will; everyone's will is unique. In case your beneficiaries predecease you, you should list secondary beneficiaries for the property.
-
-
3
Elect a guardian for your children if they are under the age of 18, and choose someone to manage your children's property, which includes their finances. Make arrangements for your children in the event your spouse predeceases you.
-
4
Find two uninterested witnesses, who are not intended beneficiaries, to attest the will. This means the witnesses will watch you sign. Some states require both witnesses to watch you sign at the same time. Other states allow one witness to watch you sign, so long as you acknowledge your signature to another witness at a later time. Some states do not require uninterested attesting witnesses. Look into your specific state laws to determine proper protocol for your state.
-
5
Sign the will in front of the attesting witnesses. Have each witness sign the will. Some states require a witness to sign in the presence of another witness, while some states let the witnesses sign independently, so long as both witnesses saw the testator, the person making the will, sign.
-
6
Store the will in a safe location, such as a lock box at a bank. Tell others the location of the will.
-
7
Update the will regularly. Do not scratch out lines or add notes in the margins to update your will. You need to revoke your existing will, and create a new will following the procedures listed above. If you add codicils, or amendments, to the will, you need to have the codicils signed and witnessed.
-
1
Tips & Warnings
With any legal matter, you should consult an attorney.
Laws governing wills vary from state to state. Be sure to look into your specific state laws.
There are many samples of wills available online.