Making a basic will is straightforward provided you follow a few simple principles.
What exactly is a simple will?
Making a basic will is straightforward provided you follow a few simple principles.
A simple will is a legal document that specifies who will receive your assets and possessions when you die. A will is also known as a final will and testament, and the individual who creates the will is known as the testator.
If you do not make a will, your state’s intestacy laws will decide who receives your possessions.
Making a simple will does not have to be difficult, and having one will provide you with the peace of mind that your intentions will be followed out.
What Does a Simple Will Contain?
A simple will is made up of a few fundamental components. It is, in general:
Determines the testator
The testator is of sound mind and realises that the document is a will.
Indicate who the will’s beneficiaries are and what they will get.
Names an executor, or the person in charge of dispersing the assets to the recipients.
Contains the testator’s signature
Witness signatures are included.
How to Ensure the Validity of Your Will
Because a simple will is brief and contains simple phrases, you may want to consider writing your own. However, keep in mind that each state has its own set of rules for what must be included in a will in order for it to be legitimate.
You must examine your state’s laws and abide by them. These are some examples:
The testator’s necessary age (in most states you must be age 18)
Willingness to die (the intent to make a will when creating the document)
Absence of compulsion, pressure, or deception (you must know it is a will and sign it freely)
The testator’s signature
The appropriate number of witnesses (in most states this is two, but be sure to check your own state laws)
Wills written by hand
In general, a will should be typed or printed and witnessed, however certain jurisdictions allow unwitnessed handwritten wills (also called holographic wills). A holographic will must fulfil the unique laws of that state in order to be legal.
This might involve a witness who recognises the testator’s handwriting. Handwritten wills are legal in the following states:
Alaska
Arizona
Arkansas
California
Colorado
Idaho
Kentucky
Louisiana
Maine
Michigan
Mississippi
Montana
Nebraska
Nevada
Newark, New Jersey
North Carolina (NC)
North Dakota (ND)
Oklahoma
Pennsylvania
South Dakota (SD)
Tennessee
Texas
Utah
Virginia
West Virginia (WV)
Wyoming
Wills that are more complex
A simple will covers the essentials and may be enough for a young single individual or a married couple with no children and limited possessions. The more convoluted your life, the more detailed your will must be. Wills may also contain the following provisions:
Making a guardian appointment for a minor kid
Joint provisions with a spouse, such as clauses establishing who died first if a married pair dies at the same time.
Creating a trust, such as a special needs trust for a handicapped kid or spousal trusts
Clauses of no-contest
Complex formulae are used to determine how much of the inheritance will go to each kid or grandchild.
Bequests of specific and detailed personal property, real estate, automobiles, investments, collectibles, and more
Donations to charity or charitable trusts
Witnesses’ self-proving affidavits (so that they need not testify in probate court)
A simple will is straightforward to draught and provides you control over what happens to your possessions when you die. Everyone should have a will so that they may express their preferences.
measures to protect your family