by Robert Tomak

Created on: November 26, 2009   Last Updated: November 27, 2009

"The man who waits to make an entirely reasonable will, dies intestate," quipped Bernard Shaw.

It's understandable that some people will wait and put off making a will, not because they are pondering about how to make an "entirely reasonable will" but more likely because making a will means you have to think about the fact that someday you will die.

Nevertheless, making a will is an eminently responsible thing to do and shows you are a conscientious realist. Additionally, it gives you a sense of peace of mind; and, maybe even a feeling of mastery over your fate.

Basically, a will should contain directions to your "personal representative" (also known as "executor") about where you want your property to go after you're gone. Therefore, the first provision in your will - after you've declared that you are of sound mind and that this is your last will and testament and that you are hereby revoking any and all previous wills - should say whom you want as your personal representative.

This person will be someone you trust and preferably, for obvious reasons, someone you expect to be around after you're gone. It will be the personal representative's task to first gather up an inventory your estate and pay all valid debts, funeral expenses and expenses relating to the administration of the estate and finally, disburse your estate in the manner directed by your will.

Next, you will want to specify any bequests of personal property. "I give and bequeath to my cousin Harold my Longines navigator's wrist watch which he has always admired." "To my good friend and neighbor, Gerald Jones, my collection of Toby Mugs." Just like that. Any specific item of personal property that you wish to go to someone in particular - this is where you put it.

After you've dealt with the disposition of your personal property you then turn your attention to the residue or what's left over. This will likely be the bulk of your estate. The part of the will where you make this provision is called the "Residuary Clause."

Here you can simply say, "I give all the other property I own or, the "rest, residue and remainder of my estate" to my spouse or, to my good friend Harry.

You then sign your will in the presence of two witnesses who also sign what's called the "Attestation Clause."

You are done. Put your will in a safe place or, deposit it with the probate court for safekeeping. Tell the person you nominated as the executor where it is.

It sounds simple. It is simple. That's because what I've described is a "simple will." A more complex will may have provisions for the nomination of a guardian for your minor children or it may have provisions that create what's called a "testamentary trust" where you may want to put into place certain restrictions or conditions on how you want your property distributed and/or managed after you're gone.

As much as they are touted, do-it-yourself wills should be avoided in favor having one drafted by an attorney after having a face-to-face legal consultation. Do-it-yourself wills are by necessity cookie-cutter solutions. A lawyer will first listen to what you want to accomplish.

Taking into account the nature and extent of your estate, the lawyer will then advise you what you need to do to effectively accomplish your goals in light of what the law is - including tax laws. He may advise a "simple will" or he may tell you what provisions in a more complex will are necessary to dispose of your estate in the manner you desire.

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