Death is a natural part of life, whether you like it or not. The scary thing here is that you never know when and how it will come. Learning how to write a will, and then actually doing it will help the ones you love in the future.
And now more than ever, people are starting to see the glaring reality that death often comes in the most unexpected times.
The last thing you want is for your family members and relatives to hate and fight each other because of your wealth that you will leave behind after you pass away.
There are even instances when the rightful heir wasn’t able to get what they deserved just because the deceased didn’t have a will.
This is why knowing how to write a will is a big must.
Can I Write a Will Myself​?
Theoretically speaking, you can simply write down your will on any piece of scrap paper. It can be considered legally binding provided that it was correctly signed and two independent adult witnesses were present during the signing.
However, just because you can write a will yourself doesn’t mean that it is a wise idea.
There are general rules that most wills should follow when it comes to the things you will say and how you will say them.
The standard methods of writing things have been tried and tested. They help eliminate confusion on what you mean even when the language many seem unusual.
A wrong choice of words can result in your instructions not being followed, or worse, this might render your will invalid.
This is why it is always a good idea that you use a template that includes legal terms and has all of the standard sections.
When Is Writing Your Own Will a Good Idea?
In general, you must only write your will yourself if you have simple wishes. For instance, if you are married and your wishes include the following:
- You wish to leave everything to your spouse.
- If your spouse dies before you, you wish to leave all your possessions to your children.
If the situation is more complicated than this, such as when you aren’t married to your partner or there are stepchildren involved, you might want to hire a will writing service or a solicitor.
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When Is Writing Your Own Will a Bad Idea?
It is a must to get the help of a professional when writing your will if any of the following are true:
- You want to reduce the Inheritance Tax bill.
- You have properties overseas.
- You have a business that you want to leave to someone.
- You have foreign bank accounts or investments.
- Your will has complex wishes or wishes that could be misunderstood.
- There are people who financially depend on you aside from your immediate family.
Risks of Writing Your Own Will
You should only write your own will if you have simple wishes and a not-so-complicated financial situation.
Yes, you can enjoy some savings compared to hiring a professional service. However, if something goes wrong, your family and friends might have a hard time sorting out your possessions after you pass away.
If there are any errors made that can lead to problems during the reading of your will, no legal comeback can be expected. And if worse comes to worst, your will might even end up invalid with the law being the one to decide who your property and money will go to.
How to Write a Will Without a Lawyer
Most people think that a lawyer is needed when writing a will. Although the presence of a lawyer is helpful, it is possible to write your own will if you like.
What’s important is to understand the specific requirements of your state and ensure that your will follows all of them.
Below are the steps to follow on how to write a will without a lawyer:
1. Create the basic outline for the document.
You can handwrite your will or print out the document. Either way, this should be written in ink on regular paper. The documented pages should be numbered to be clear about the pages included.
2. Use the necessary language.
Last Will and Testament should be the title of the document. State that you declare it as your last will and testament followed by your name.
Mention that you are of sound mind and list your birth date and complete address to avoid confusion about your identity. Mention that wills made before the document are revoked.
Your name, date, and full address should all be printed at the bottom of your will. A line should be included for your signature with three more spaces for the names, signatures, addresses, and dates of each of your three witnesses.
3. Indicate your immediate relatives.
List the name of your spouse and your date of marriage and the names of your children who are still alive, if you have any.
4. Name a guardian.
For minor children, name a guardian who will look after them after you pass away. Name at least one alternate guardian in the event that your first choice cannot assume the responsibility.
5. Select an executor.
The executor is someone who handles the business of property distribution and will probation. Name an alternate executor in the event that your first option is not available.
6. Name your beneficiaries.
List the specific dollar amounts or property that you will leave to specific persons. Make sure you list the complete names of your beneficiaries and their relationship with you and describe the items properly
If you will leave real estate property, the property’s address should be listed. If you will leave a car, don’t forget to list the make, model, and year.
7. Designate estate residue.
After listing all of the items you will specifically leave to people, list to whom you will leave the remainder or residue of your estate. It includes all the things you own during the time of your demise that you didn’t specifically list. The residue can be left to a single person or divided to several persons in your preferred proportion.
8. Sign your will.
Sign your will in front of your three witnesses who are not natural heirs or included in the will. Ask your witnesses to write their names and addresses and then sign the will in ink.
9. Store your will in a safe place.
After completing your will, inform the executor and your heirs that you made a will and where it is kept to let them access it easily after you pass away.
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Example of What Is in a Will
First of all, your will states your name—legally called the testator—and your address. It then appoints the executor, the person in charge of ensuring that your will is carried out.
The primary part of your will identifies all of your assets such as bank accounts, businesses, properties, and other belongings as well as the people to whom you will be leaving your estate to or legally called the beneficiaries. You can also assign guardians for the children.
The things that should be in your will include the following:
- Details of the testator
- Details of the executor
- Details of your assets
- Details of the beneficiary
- Details of the guardian
- Way of distribution of your estate
Take a quick look at the simple definitions of the common terms used in writing a will:
- Testator – The testator is the person who makes the will.
- Executor – The executor is the person who carries out your will once you pass away. You can assign someone above 18 years old as your executor. It is recommended to have several executors in the event that they pass away before you.
- Assets – Assets refer to your belongings with monetary value, which means that these should be solid. Assets are valued during the time of death and then distributed based on your wishes. Some of the assets that can be included in your estate are the following:
- Money in a bank account or a building society
- Shares, trusts, and things such as your life insurance payout or pension
- Your house, land you own, or other property
- Contents of the house such as furniture
- Cars
- Other personal belongings
- Beneficiaries – These are the organizations such as charities and persons that you have specified to inherit your estate.
How Do You Write a Simple Will?
A simple will is almost always your chosen will for yourself. Simple wills are single legal documents only applicable to you, which is different from a joint will for both you and your spouse.
Simple wills should describe the following:
- Who you are with enough details for clear identification of the document as your will.
- Names of beneficiaries, including people who may or may not be your family members as well as institutions like charities. There should be enough details regarding the beneficiaries like their birth dates and addresses so that those who will read your will can tell right away who you are talking about.
- Name of the person you assign as your will’s executor. This person has the legal responsibility to ensure that your instructions will be carried out. You also have to assign a backup executor in the event that the designated executor fails to carry out the official duties for whatever reason.
- Always check with your chosen executor or backup executor of your will before you put the name of the person in it. You have to avoid unnecessary complications that could arise if the person is unable or unwilling to act as the executor of your will.
- Your instructions for the person who will take care of your children or others you have the legal responsibility to.
- Your preferences in the distribution of your assets and to whom they will go after your death.
What You Should Never Put in Your Will
When it comes to learning how to write a will, you also have to know the most common things you should never include.
Funeral plans
While it might seem like a good idea to memorialize how you want to be cremated or where you want your ashes to stay, your will is not the right place to state your burial preferences.
Jointly held property
The right of survivorship is the defining feature of joint tenancy. It means that upon you or the joint tenant’s death, the survivor will automatically own the property in full. Thus, it is meaningless to put your interest in joint tenancy in your will because the interest will disappear once you pass away.
Digital estate
You will probably leave behind a significant amount of property in your digital estate, including your eBooks, app purchases, and other items in cloud-based online accounts.
While this law area might become more sophisticated soon, for now, digital bequests aren’t enforceable. However, you can opt to bequeath the information and password for your accounts.
Illegal requests or gifts
The law doesn’t approve wills that contain illegal assets like illegal drugs or with illegal requests such as burning a building down to commemorate your death.
Retirement funds and life insurance
Retirement funds and life insurance require you to assign the plan’s beneficiary upon your demise. When you pass away, the assets associated with these will be transferred immediately to the designated beneficiary, so you cannot use your will to distribute them.
What Should You Say in a Will?
You have to say in your will who will inherit each of your assets after your death. You also need to name your children’s guardian(s) and set up the trusts that will financially provide for your family. You also need to name your executor(s) that will administer your estate and fulfill all of your last wishes.
The Bottom Line
Knowing and learning how to write a will might not be your top priority for now. However, this is among the most important duties you can ever do for your family and loved ones.
Don’t think of writing a will as a daunting task. Instead, think of it as a gift that you will leave behind to the people you care about once you pass away.