Steps for Writing a Will:

What is a Will?
A will is a legal declaration by which an individual, known as a testator, names one or more persons to manage his/her property at the time of death. The testator, through the construction of a will, provides explicit instructions on how to transfer their estate once they pass away.

What is Required in My Will?

Any individual over the age of majority (typically 18, although may vary based on state law) and of sound mind (exhibits appropriate mental capacity) can draft their own will with or without the aid of a legal aid. Additional requirements will vary depending on the individual’s jurisdiction, but generally the following conditions must be met:

· The testator is required to clearly identify him or herself as the creator of the will. Additionally, the testator must declare that the will is being made for the purpose of providing instructions regarding the distribution of their estate—the creator of the will must declare their intentions when constructing the legal document. This process is referred to as “publication” and is satisfied by simply writing the words “last will and testament” on the face of the document.

· The testator must declare that he or she revokes any previous wills and codicils. If they do not denounce, the present will only revokes the inconsistencies found in the previous wills and codicils.

· The testator is required to demonstrate that he or she has the mental capacity to dispose of their property and is willing to do so. The testator must sign and date the will, typically in the presence of at least two disinterested witnesses (people who are not beneficiaries).

Step by Step Process to Writing a Will:

A will can be written on a plain piece of paper; it is suggested that you write your will on a computer so that you can amend it whenever you wish. The first step to writing a will requires you to title the document. Typically the title will read: “Last Will and Testament.”

After you have titled the document, the next step to writing a will requires you to state you full name and address with a formal declaration that states the following:

· You must declare that you are of legal age (age of majority) to construct the will and are of sound mind and memory to provide transfer instructions

· You must declare that your will revokes all previously made wills and codicils

· You must declare that you are not under duress or under the influence of any substance or anyone to make the will.

The next step to writing a will requires you to name an executor. The majority of testators will name their remaining spouse or a close family member (main beneficiaries) as the executor. During this step you should also name an alternate executor; if you do not name executor(s) the court system will appoint one for a fee. It is the responsibility of the executor—once probate has been granted—to fulfill all payments owed by the estate (funeral costs, taxes and debts) and thereafter to distribute the remaining assets to the beneficiaries as specified in the will.

The 4th step to writing a will requires you to name a guardian for your minor children. If your children are young enough where they require guardianship and there is no remaining parent to take care of them, you must name a legal guardian in your will.

The next portion of writing a will entails providing details of your beneficiaries. Name all of your beneficiaries (spouse, children etc.) and your relationship with each. Once your beneficiaries are named provide the assets they are entitled to. The assets listed in the will are separate from estate assets that may have been already assigned to your beneficiaries.

If you wish to transfer specific property or monies to a beneficiary, you must, under the heading “Bequests”, list the names of the persons or organizations and the assets they are scheduled to receive. Apart from the items listed in the above section, you must write “I bequeath the remainder of my assets to {Name of person or organization}.

After you have named your beneficiaries--and their attached assets--you can express your wishes on whether to be buried, cremated or have your remains disposed of in another way, so long as they comply with laws in your state and country.

Once this information has been fulfilled, you must sign the will in the presence of witnesses—uninterested parties must witness the fact that you are the signatory of the bill. The date and place of the signing must be recorded. A minimum of two witnesses is needed; their full names, addresses and signatures must be on the document.

An import note to acknowledge when writing a will is that all paragraphs must be numbered--and depending on your state-- the will must be notarized.

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