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How to Write a Will
Date Updated: August 22, 2024
Written by:
Rachel Lustbader is a writer and editor with a background in healthcare and technology. Her work has been published on websites including HealthCare.com, BiteSizeBio.com, BetterHelp.com, Caring.com, and PayingforSeniorCare.com. She studied health science and public health at Boston University.
Both of Rachel’s grandmothers had very positive experiences in senior living communities, and Rachel saw firsthand the impact that kind, committed caregivers and community managers can have on seniors’ and their family members’ lives. With her work at Caring, Rachel hopes to help other families find communities, caregivers, and at-home products that benefit elderly loved ones and make life less stressful for family caregivers
Edited by:
Victoria Lurie is a copy editor, writer, and content manager. She started in legacy media, progressing from there to higher education, reviews, and health care news. During the course of her career, Victoria has corrected grammar on hundreds of domains (and the occasional subway wall). She has a BA in Writing from Christopher Newport University.
Victoria is passionate about making information accessible. She lets the math scare her so it doesn’t scare you. When it comes to caregiving, Victoria's experience is mostly product-centric: hoyer lifts, blood pressure cuffs, traction stickers. But she’s dabbled in estate planning and long-distance care, and hopes to use her experience to make that path smoother for others.
Reviewed by:
Carina has over a decade of experience as a lawyer and legal advisor. She has assisted clients with family and elder law matters, including estate planning, wills, medical care planning and division of retirement assets in divorce. Her expertise extends to litigation, nursing home abuse and Medicare laws. Carina holds a law degree from the University of Colorado and has completed additional courses in estate planning, family and healthcare law.
When most people think about estate planning, the first document that probably comes to mind is a will — and for good reason. Wills are generally the centerpiece of an estate plan, allowing people to direct how their property and assets should be distributed after death.
Anyone can create a will with a relatively inexpensive online estate planning service. If there are significant assets or complicated family relationships, consider hiring a lawyer to help draft the will and navigate the family situation. In either case, it’s money well spent.
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Key Takeaways
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What Is a Will?
A will is an estate planning document in which you can specify what you want to happen to your assets, finances, and any dependents or pets after you pass. A will is the most basic estate planning document, and is the only one that some people want or need. However, many people can benefit from also having a trust as part of their estate plan.
What to Consider When Writing a Will
A will is not a one-size-fits-all document, and when it comes to making a will, there are some very specific things to consider. Of primary concern are the following:
- Who will be the executor?: You can name a person or institution to act as a personal representative, called an executor in some states. The executor is responsible for ensuring that the will is carried out as written and that assets are divvied up and distributed as directed. It’s also wise to name an alternate executor in case your first choice is unable or unwilling to act.
- Who will be the beneficiaries?: Your will can specify separate gifts of property and assets to go to different beneficiaries. Beneficiaries are often children and other relatives, but they may also include friends, business associates, charities, or other organizations.
- What property and other assets do you own?: You can designate beneficiaries for your home, investments, bank accounts, and personal property like jewelry, antiques, and vehicles, in your will.
- Who should take care of dependents and pets?: You can also specify who should become guardian of any children or dependents, and take care of your pets. These do not have to be the same people as your beneficiaries.
Legal Requirements of a Will
Each state sets its own laws regarding what makes a will valid. In general, all states will require the following:
- Mental Capacity: The testator, or person for whom the will is being created, must be of “sound mind” or fully competent to make decisions. This can become a problem with seniors who have Alzheimer’s or dementia.
- Age: The testator must be at least 18 years old.
- Signatures: The testator must sign the will. Most states also require two witnesses, and sometimes a notary, to sign the document.
How to Store and Communicate a Will
In some states, the court will store your will for you. If your state doesn’t allow this or you prefer not to have the court store your will, you can store it with your attorney or in a safe.
It’s also important that your executor and other trusted parties are aware of your will and where it is stored. This is crucial because if you pass and your executor and loved ones do not know where your will is, there is no way to put it into effect.
How to Update a Will
You can update your will at any point, in a process known as adding a codicil. A codicil is a separate document that acts as an amendment to a will. Similar to writing a will, you must sign the codicil and usually have two witnesses sign for it to be valid. Make sure you research your state’s laws surrounding codicils or work with a knowledgeable lawyer.
Codicils are known to cause trouble in probate if not completed properly. If you’re making significant updates, it’s often best to execute a new will instead of adding a codicil.