- What Is a Last Will and Testament?
- Why Is Having a Last Will Essential?
- What to Include in a Last Will and Testament
- How to Create a Last Will Online
- Legal Requirements for a Last Will and Testament
- Last Will and Testament Checklist
- Best Practices for Writing a Last Will and Testament
- How to Update or Amend a Last Will
- Create Your Last Will Online With Legal Templates
- Last Will and Testament Sample
- Frequently Asked Questions
What Is a Last Will and Testament?
A last will and testament is a legal document that defines how your personal property and other assets should be distributed after you die. The last will and testament assigns one person to carry out your wishes and see to the distribution of your money and belongings.
The person creating the will is known as the testator. The person you name to carry out your final wishes is the executor. The will gives the executor a list of instructions to follow so that after you are gone, your final orders can be met. So for instance, if you want your grandchild to inherit a family heirloom, including it in your will lets your executor give it directly to them, avoiding any family disputes and quarrels.
Last Will vs. Living Trust
A living trust is a financial arrangement that manages your property during your lifetime. A living trust places your money and property under the management of a trustee while you are still alive. The trust becomes the owner of the assets. You name beneficiaries of the trust, including yourself, and the beneficiaries receive payments from the trust. A living trust can be incorporated into a will when the testator dies.
A benefit of a living trust is that it becomes effective upon the creator’s death and avoids probate. Drawbacks include difficulty in amending a trust and requiring an active and reliable trustee.
Last Will vs. Living Will
Unlike a will, which distributes assets after death, a living will ensures your medical wishes are followed if you become unable to communicate. Living wills contain end-of-life instructions, such as whether the individual wants artificial life support, mechanical ventilation, and other life-prolonging treatment.
People use living wills and advance directives to plan for future medical care. Advance directives can include long-term healthcare instructions, medical power of attorney forms, and other important medical directives.
| Document | Purpose | Key Benefits |
|---|---|---|
| Last Will | Distributes assets after death | Ensures assets go to chosen beneficiaries, names a guardian for minor children |
| Living Trust | Manages assets during life and after death | Avoids probate, provides control over assets, can be updated |
| Living Will | Specifies medical care preferences | Clarifies end-of-life care, ensures medical wishes are followed |
Why Is Having a Last Will Essential?
You should have a last will and testament so you know your property and other important details are managed after you die. Thinking about your last plans is difficult, but having one ensures your loved ones are taken care of the way you want them to be. Your last will and testament will:
- Ensure your minor children have legal guardians and income
- Distribute money and property to specific individuals
- Leave money to charities and organizations
- Avoid probate delays and court hearings
What to Include in a Last Will and Testament
You can write your own will, but to ensure it is valid and legally enforceable, make sure it includes these key elements:
- Assets: List everything you own, including real estate, bank accounts, investments, heirlooms, and sentimental belongings.
- Executor: Choose a trusted person to manage your estate and carry out your final wishes.
- Beneficiaries: Clearly name the individuals or organizations that will inherit your assets.
- Guardians: If you have minor children, designate a guardian to care for them. Consider naming a backup guardian as well.
- Witnesses: Your will must be signed in the presence of two independent witnesses who are not beneficiaries.
- Signature: Sign and date your will to make it legally binding.
Including these essentials ensures your will is clear, legally valid, and reflects your final wishes.
How to Create a Last Will Online
Creating a last will and testament online is simple with a structured template; it helps you cover all essential details efficiently. Follow these steps to ensure your will is legally sound.
- Add basic details: Include your name, date, location, and family status.
- Choose an executor: Name a trusted person to manage your estate.
- List beneficiaries: Specify who will receive your assets.
- Appoint guardians: Select caretakers for minor children and pets.
- Outline asset distribution: Decide how money, property, and heirlooms are divided.
- Include special instructions: Add funeral wishes or other directives.
- Meet legal requirements: Sign with witnesses and follow state laws.
Now, let’s break down each step in more detail.
1. Declarations
Start with essential details to make your will legally valid:
- Your full name
- The date
- Your city and state that you live in
- Your marital status
- Names of any children
This section establishes who you are and ensures your will is legally recognized in your state.
2. Executor
Provide the name of your preferred executor, a successor Executor, and a backup Executor. Keep the following in mind:
- The executor may receive compensation from the estate for their services.
- The executor may need to post bond or other security to perform their services.
3. Distribution of Personal Property
You can distribute your property in three ways:
- Specific gifts: Items or heirlooms (e.g., “To Alex, I leave my grandfather’s watch.”)
- Set amounts of money: Fixed sums for individuals or charities.
- Percentage of estate: Dividing assets into shares (e.g., “Sam receives 25% of my estate.”)
If you want to leave money to a charity or non-profit, include them in this section.
4. Naming Beneficiaries
Clearly outline the individuals or organizations designated to inherit from you. Additionally, indicate what will occur if a beneficiary passes away before you do. If necessary, you may also choose to disinherit someone; just be clear about your decision.
5. Guardian of Minor Children
If you have children under 18, it is important to name a guardian who will care for them in the event of your passing. To ensure your children will be raised by someone you trust, you should also designate a backup guardian in case your first choice isn’t able to take on the responsibility.
6. Pet Guardian
If you have pets, it’s important to plan for their care. Consider the following:
- Name a guardian who will take full responsibility for their care.
- Provide clear instructions on their routine, diet, and medical needs.
- Set aside funds to cover food, vet visits, and other expenses.
- Consider a shelter or rescue if no trusted person is available.
7. Simultaneous Death Clause
Some states have laws regarding what happens if you and your spouse die at the same time, such as in an accident. It’s important for your will to address the following:
- Who should inherit your assets if both of you pass away together.
- Whether the assets will go to your spouse’s family or your own.
To ensure your wishes are followed, check your state laws or consult with a lawyer.
8. What Happens If a Beneficiary Dies Before You?
It’s important to plan for what happens if a beneficiary dies before you or shortly after you. Without a clear plan, their inheritance could become tied up in legal issues.
To avoid delays, you can set a survivorship period—a rule that says a beneficiary must outlive you by a certain number of days (e.g., 30 or 60 days) to receive their inheritance. If they don’t, their share will be passed to someone else, such as:
- A backup beneficiary (another person you choose)
- A charity or organization
- Other beneficiaries in your will
Including this rule keeps things simple and ensures your estate is distributed as you intended.
9. Special Directives
Your will can include additional instructions for your executor to follow. These may not be legally required, but they help ensure your final wishes are respected.
Common special requests include:
- Funeral or memorial preferences: Whether you prefer burial, cremation, or a specific type of service.
- Charitable donations: If you want to leave money to a cause or organization.
- Handling of sentimental items: If certain belongings should go to specific people, even if they don’t have high financial value.
While these requests help guide your loved ones, some instructions—like funeral plans—may be better shared with family members in advance, as a will is often read after arrangements have already been made.
10. Governing Law
Your will must comply with the laws of your home state. If you own property in another state, your will should specify how it will be addressed.
11. Signature and Witnesses
To ensure your will is legally valid, you must:
- Sign and date it.
- Have two independent witnesses sign it (they cannot be beneficiaries).
- Ensure that all signatures occur at the same time.
Some states may require notarization; however, even if it’s not mandatory, a self-proving affidavit can expedite the probate process.
Legal Requirements for a Last Will and Testament
Each state has its own laws for a valid will, but most require these key elements:
Your Will Must Be in Writing
A will must be either handwritten or typed. It cannot contain both handwritten and typed material. Some states allow oral wills in specific cases, such as for individuals in combat.
Witness Requirements
Your will must be signed in the presence of two or more witnesses who are not beneficiaries. These witnesses must watch you sign the will and meet your state’s legal requirements. Some states prohibit attorneys from serving as witnesses.
Legal Age to Create a Will
In most states, you must be at least 18 years old to write a will. However, Georgia allows individuals as young as 14, and Louisiana permits wills at 16. In all cases, the testator must meet the other requirements for writing a valid will.
Mental Capacity
You must have testamentary capacity when creating your will. This means you understand:
- That you are making a will and distributing your assets.
- What property you own and how much you are giving away.
- Who will inherit your assets.
Fraud and Duress
A will is invalid if it was signed under any of the following conditions:
- Fraud: The testator was deceived into signing.
- Duress or undue influence: They were pressured or forced into creating the will.
- Mistake: The will contains unclear language or errors in execution.
- Lack of capacity: The testator was not of sound mind, was a minor, or did not fully understand their actions.
- Improper execution: The will did not follow state laws for signing and witnessing.
Creating your will while you are of sound mind ensures your wishes are clear and legally enforceable. Taking action now helps avoid legal challenges later.
| State | Witness/Signing Requirements |
|---|---|
| Alabama | Two witnesses must see the testator sign or acknowledge the will |
| Alaska | Two witnesses must sign within a reasonable time after seeing the testator sign or acknowledge the will |
| Arizona | Two witnesses must sign after seeing the testator sign or acknowledge the will |
| Arkansas | Two witnesses must sign after the testator declares their signature |
| California | Two witnesses must sign at the same time after seeing the testator sign or acknowledge the will |
Is Notarizing My Last Will and Testament Necessary?
It is not necessary to notarize your last will and testament. Notarizing just means that the notary verified that your signature and those of the witnesses and confirmed they are valid. If the will is contested in court, your executor can call the notary into court to verify that the signature is legitimate.
Last Will and Testament Checklist
Follow this handy checklist to get everything in order first.
- List your assets, including digital assets like cryptocurrency.
- Choose your beneficiaries and outline your final wishes.
- Gather all necessary documents to create your will.
- Select an executor and guardians, and confirm they are willing to serve.
- Sign your will in the presence of two witnesses.
- Store your will in a secure and accessible place.
- Review and update your will as needed.
This keeps your estate plan organized and ensures your wishes are followed.
Best Practices for Writing a Last Will and Testament
Your will should not be “set in stone.” Your will should evolve throughout your life. Regular updates ensure your will reflects your current circumstances and wishes and protects your loved ones and beneficiaries.
When Should I Update My Will?
You should update your will every three to five years. You should update it whenever you have a major life change, such as the birth of a child, purchase of property, or a new job.
Choose a Reliable Executor
Your executor will manage your estate after you are gone. They must be trustworthy and reliable. You need someone:
- Well-organized and responsible
- Able to handle legal and financial matters
- Mature and able to mediate family disputes during emotional times
If your estate is large or complex, consider appointing a professional executor. Consult your attorney for advice about finding a professional estate manager.
Be Specific About Beneficiaries and Assets
Family emotions run high after a funeral. The best way to avoid problems after you’re gone is by clearly stating who should receive what property. Don’t be ambiguous or tell relatives to decide among themselves. Be as specific as you can.
Don’t Forget Digital Assets
Cryptocurrency and other digital assets and online accounts are part of your estate too. You may need a separate secure document for passwords and usernames.
How to Update or Amend a Last Will
If you review your will regularly, you may need to make changes from time to time. You don’t always need to rewrite your will. Small updates can be made using a codicil.
Creating a Codicil to Amend Your Will
A codicil is a legal attachment to your existing will. Use it when you need to make minor changes, such as changing your executor or adding a new gift for a beneficiary.
When to Draft a New Will
You should revoke the original will and draft a new one if:
- You have remarried or divorced
- You have a new child or grandchild
- You’ve moved into a new home or a new state
- You changed jobs or received a major promotion
- You have sold or lost all the named gifts and need to change your beneficiary list
State laws vary about the process for revoking a will. You may need to destroy the original or include a clause stating the new will revokes all previous wills. Consult your attorney for information.
Create Your Last Will Online With Legal Templates
Planning for the future is essential, and creating a legally sound last will doesn’t have to be complicated. Legal Templates makes the process simple with our intuitive document editor, designed to help you draft, customize, and update your will with ease:
- Easy customization: Personalize your will to reflect your specific wishes and estate plans.
- State-specific compliance: Ensure your document meets all legal requirements in your jurisdiction.
- Instant access: Edit, download, and print your will whenever needed.
- Guided assistance: Step-by-step instructions to help you through the process.
You can create a last will that protects your loved ones and ensures your final wishes are honored—all without unnecessary complexity or legal fees. Start drafting your will today with confidence.
Last Will and Testament Sample
Below, you can see a last will and testament template. You can easily fill this out using our document editor.
Frequently Asked Questions
What happens if you die without a will?
Without a will, state laws decide who inherits your assets, which may not align with your wishes. A will ensures your property goes to the right people and prevents legal complications for your loved ones. You can learn more about this from the American Bar Association.
How long does a will last?
A will stays valid until you update or revoke it. It doesn’t expire, but major life events—like marriage, divorce, or having children—may mean it needs a refresh.
Where should I store my will?
Store your will in a secure and accessible place where your executor or loved ones can find it when needed. You may keep it with an attorney, in a fireproof home safe, in a safe deposit box, or with a trusted family member. Make sure someone knows where it is and how to access it.
Can I include care instructions for my pet in my will?
Yes, you can name a caregiver for your pet and set aside funds for their care. If no one in your family can take them, you may designate a rescue group or shelter to find them a suitable home. Since wills take time to go into effect, consider leaving separate emergency instructions with someone you trust.
Do I have to leave something to my spouse or children?
It depends on your state’s laws. Some states require you to leave a portion of your estate to your spouse, while others allow you to distribute your assets freely. Most states do not require you to leave anything to adult children, but minor children may be entitled to financial support until they reach adulthood.
