How to Make a Will

One of the most vital end-of-life tasks is deciding what will happen with your estate after you’ve died. This can be a daunting undertaking, but with a little bit of planning, the burden of this task can be reduced. By learning how to make a will well ahead of the end-of-life, you can lighten the burden for yourself and your loved ones. Here are some questions to answer to make this a little easier:

1. What property do you want in your will?

To decide, first, list your significant assets. Then determine which items should be left outside of your will by other methods. (Some items cannot be covered a by a will.)

If you’re married, each spouse can leave only his or her share of assets, so each will make a separate will.

2. Who will inherit your property?

For many people, this is a simple decision. But, keep a few things in mind: First, if you have a spouse or children and choose to keep them out the will, be aware of Inheritance Rights laws. And, second, be sure to choose contingent, or alternate beneficiaries, in case your first choices don’t survive you.

3. Who will handle your estate?

You will need to name someone to serve as executor, the person who is responsible for carrying out the terms of the will. Ensure that the person you name is aware of the duty and that they are willing to accept it – don’t surprise them with the burden.

4. Who will raise your children?

If your children are under 18, choose a Guardian to watch after them in the event that both you and their other parent are unable to do so.

5. Who will manage your children’s property?

If you leave property to children or young adults, you should choose an adult to manage whatever they inherit. To give that person authority over the child’s inheritance, you can make him or her a property guardian, a property custodian under a law called the UTMA, or a trustee.

Once you have answered this questions, you are ready to make a will. By figuring out these details early, the process should be quite simple, and shouldn’t require a lot of time. Just two more things to keep in mind:

1. Sign your will in front of witnesses.

Once you make your will, you’ll need to sign it in front of at least two witnesses. You may choose to use a document called a “self-proving affidavit”, as well, which makes it easier for the court to accept the document by proving that it was signed properly. In this case, your signature will have to be notarized in addition to the witnesses.

2. Store your will safely.

Ensure that your executor knows where your will is stored and how to access it when it is needed.