by Marvina Randle

Created on: November 23, 2008   Last Updated: December 09, 2010

HOW TO MAKE A WILL

A will is a legal document that outlines your intentions for the distribution of your assets and personal property after your death. For most people, a simple will is sufficient and could be completed by themselves. However, there are numerous circumstances when hiring an attorney to draft your will is worth the cost. If you have minor children and wish to set up trust accounts; have a sizeable estate and want to avoid excess inheritance taxes; or anticipate someone challenging the legality of the document or your capacity to make a will (contesting the will); then hiring an attorney is essential to ensure that your intentions will be honored.

Whether you make the decision to hire an attorney to draft your will or decide to do it yourself, a written will should contain:

1. Your full legal name. You are the testator if you are male, and the testatrix if you are female.

2. A statement of your intent and capacity to make the will (Mr. B, being of sound mind and body does hereby declare this to be his last will and testament).

3. The full legal names and of all your children including any adopted children.

4. Appointment of an executor (male) or executrix (female) who is given legal authority to disburse your assets as set forth in your will. It is also common to have an alternate executor/executrix in case your first choice is "unable or unwilling" to execute your will.

5. Details of distribution of assets (I want my house sold and the proceeds split equally between my 27 children; I want half of my estate to go to my butler and the remainder to my girlfriend; or I want my entire estate to be given to the Hope for Butterflies Foundation, etc.). You may also add a list to this portion of your will outlining who gets personal items or you can make a general statement that you may attach this list at a later time and that it will conform with any state statute regarding such a list. Without a list, the person executing the will decides who gets a particular item of personal property. Remember, this is the section most often contested, so make your intentions clear and concise.

6. Your signature and the date signed.

7. Names, addresses, and signatures of two witnesses who are NOT benefactors of the will.

8. Notary Public Declaration. Signing the document in the presence of a notary does not make the will "more legal" than one not signed and witnessed by a notary, but it does establish the date and place the document was signed, the means used to

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