Making a legal will is one of those things that people love to procrastinate. Perhaps the delay is because no one wants to think so deeply about dying, or perhaps it's due to anxiety over the complexities of a will. The truth is, for some people at least, it is indeed possible that you can make your own last will and testament. However, it is not a good idea. Doing so is particularly unadvisable for a person whose financial situation is, let's say, more than modest, or who's marital or familial situation is at all questionable or complicated.
Example forms for different types of wills are commonly available online. The only hang-up is knowing which one to use. Whenever you are unsure about anything, it's always a good idea to consult a professional such as an attorney in order to make sure you are on the right track, and the will you make is, in fact, legally binding. There are no redo's here after-the-fact.
A typical will consists of a headline, stating what the document is, and a declaration to say that you are capable of writing the will. Then follows the naming of an executor: that is, the person who will manage the conducting of the will. Next, a legal guardian is usually named for any minor children. Now comes the juicy part: the scene that begins and/or ends so many Hollywood movies, the naming of beneficiaries. After that, it's more of the technical stuff, such as details of assets, funeral arrangements, and signatures of you and witnesses.
Again, although it is possible to write your own will, it's not advisable because the laws regarding wills are so complicated. It is easy to make a tiny mistake that renders the will useless. Also wills that aren’t prepared by attorneys are easier to contest. Don't always trust what a website tells you. In matters as serious as these, with your legacy on the line, it's more than a good idea to talk to a professional.
(Articles on this blog are provided for informational purposes only. Use of this blog does not provide or replace individualized legal advice. If you are in need of legal advice, please speak with one of our attorneys, who can offer legal advice specific to your circumstances.)
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