A will is a document any individual at least 18
years of age can create to specify what final
arrangements he would like and how he or her would
like the assets of his estate dispersed upon his or
her death. A will can be a relatively simple
document and is valid if properly executed and
witnessed.
A valid will will contain the following:
The will must clearly identify the maker as the
creator of the will
The maker must declare that he/she revokes all
previously-made wills and codicils
The maker must attest that he/she disposes of
his/her property willingly and freely and is of sound
mind
The maker must sign and date the will and have
the signature witnessed by two persons having no
interest in the will
It is a suggested that a will name an executor
and give that person the authority to pay debts,
taxes and expenses related to the estate
Under state laws a will must provide that at least
a portion of the estate will go to a surviving spouse.
A will also cannot require that a beneficiary commit
an immoral or illegal act as a condition of receipt of
assets.
Many low cost, do it yourself, easy to complete
will forms are available from stationary stores and
online sources.
(see
Legal Kits)
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