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Writing A Will


Do I need a will?
Will requirements
What is Probate?
Naming Guardians
Naming an Executor
Free Living Wills
Famous Wills




Free living Wills - Generally Requirements

 
Generally speaking, a will should include the following items:

  1. Your full name and your address.
  2. A description of your assets.
  3. The names of your spouse, children and other beneficiaries. Just in case one of your beneficiary dies before you do, it is a good idea to also list alternate beneficiaries.
  4. If you have any specific gifts, they need to be listed.
  5. You need to name an executor.
  6. You need to name a guardian for your minor children. It is also a good idea to list an alternative guardian just in case your first choice is either unable or unwilling to do this.
  7. Your signature and the signature of any witnesses.
In order to make sure that your will accurately states your wishes and that you are the person who made the will, there are some additional, more technical, requirements.

These include:

  1. Your will needs to be either typewritten or computer generated unless you follow the formal requirements that are in place for a holographic (handwritten) will.
  2. This document will need to expressly state that it is indeed your will.
  3. The will must be signed and dated by you. There must also be the signature of two other witnesses (some states require three). These people will need to watch you sign the will but they do not need to read it. You also need to know that the witnesses you choose will be unable to inherit anything through your will.

It is important to understand that your will does NOT have to be notarized in order for it to be valid. However, by having your witnesses sign a sworn statement in front of a notary public, you can simplify the court procedures that are necessary in order to prove your will's validity once you are deceased. This is because the procedure makes the will able to prove itself (the will becomes “self-proving”).


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