How to write a will?

Question

I want to write a will and want to know about the executor of the will and witnesses. Can the beneficiaries of the will be the witnesses and executor resp.?

Answer 1

No, you can NOT have the beneficiaries of a will be the witnesses or the 'executor of the will. Your EASIEST way to write a holographic will (one you write yourself, in your own hand) is to go to a good 'office supply' store and buy a 'will form' ... that should come with 'instructions' for filling it out, including who you can use as witnesses and the executor of your will. Then you can either just fill out the form, or copy it in your own handwriting, have it signed, make at least five copies, have it 're-signed' by the witnesses and yourself, and then put one copy into a safe deposit box (with the key and a 'permission card' in your desk in and 'easy to find' place, for after you are dead) and give the other four copies to people you TRUST to 'do right by you' after your death. If you want to 'change your will' you will have to do everything all over again, but KEEP the first will, with VOID and the date of your new will written on it, then 'replace' all of the old copies with new ones.

Answer 2

A will provides information about the transfer of property, ornaments or land, from the testator to his beneficiaries, after his death. Everyone, regardless of age, needs a will. Without a will people wouldn’t know where their assets would go. Writing a will is one of the most important things an individual can do in his or her lifetime. There are intestacy laws for those who do not make a will. But it is wise that the transfer of property be made in accordance with the deceased's wishes, as expressed in the will. A high proportion of adults own assets in the form of houses, cars, shares and insurance policies.

A person who makes a will is called a testator. Testators have the option of framing their own will or engage the services of an attorney. Prior to framing a will, a testator’s objectives must be clear. An inventory of assets helps in estimating outstanding debts. A list of family members and other beneficiaries must be prepared. Testators must plan on passing their property to their heirs in the most tax-efficient manner. They may also establish a trust to provide monetary assistance to their spouse or other beneficiaries.

A witness is required to sign a copy of the will. The witness must not be a beneficiary of the will. Once the will is written, it should be stored in a safe place that is accessible to others after death. If a solicitor prepares the will, he should be given a copy with a note stating where the original copy could be found.

The death of a family member is something people wouldn’t like to foresee. However, since death is inevitable, taking practical steps like making a will, secures the future of family members.

Answer 3

A key element to answering your question is the place (jurisdiction) where you live and the probate laws of that jurisdiction. Generally there are two types of wills: Formal and Informal. Formal is typed, signed by the testaor (testatrix if female) and witnessed. Some jurisdiction require two witnesses (such as Texas) some require three (such as Colorado). a Self-proving Affadavit is a document that makes proving the formal will easier in Probate Court. An Informal Will (or hand-written will is accepted in some jurisdictions (such as Texas.....where I practice law) and must be completely in the handwriting of the Testator (trix), but to probate it you have to have witnesses testify to the handwriting of the will maker. One of the most famous cases is a man plowing a field was walking in front of a tractor picking up stones. He tripped and the tractor ran over him crushing him. In the last moments of his life he grapped a stone and scratched in the tractor fender "Mother gets it all". The Texas courts, prefering a person to die with a will than without one probated the tractor fender and his mother got his entire estate.

Beneficiaries can be witnesses in some cases. But the problem for the court is that their testamony has to be viewed as biased towards themselves. So there is a cloud over their testimony. The better way is to not have a person in both roles. Also your attorney shouldn't be a witness, notary or beneficiary in the will either.

Your best course of action is to find a lawyer in the place where you live that practices in this area of law and ask him or her to guide you. Don't rely on the internet to find out the answer to important questions like this. The local bar association where you live can help you find such a lawyer. This is an area of the law that appears simple. But there are many things to consider. Find a good lawyer and make sure things are done right. In the long run you'll be glad you did. Good Luck.

Answer 4

Varies state from state. But in most states a beneficiary can not be a witness. The executor is almost always a beneficiary.

Wills are not do it yourself projects. Contact an atty.

Answer 5

It varies from state to state, but generally, beneficiaries as witnesses/executor are disfavored. You can do it, but the requirements are more stringent.

The point is to ensure that no outside, undue influence acts on the testator.

Check your state laws.

Answer 6

You need two witnesses to sign, two people who do not benefit from your Will.
A beneficiary can also be your executor, no problem with that.

Answer 7

A lawyer will be most instrumental in writing a will.Don't make the beneficiaries your witness.

Answer 8

I would expect a lot would depend on what kind of assets you have and how many people they will be divided among. In reality, you don't even need a will. It's just that without one there could be a huge mess when it comes to settling your estate. If you don't have much in the way of assets, you could simply do up a document yourself and have it notarized.

However, your best option is to meet with a lawyer who specializes in estate planning to at least get an idea of what you need to do. If you have considerable assets to be divided among many people, it's best to dot the i's and cross the t's to prevent problems after you're gone.

Regardless of what you do, if you have specific things that you want to go to specific people - as opposed to x percentage of y assets - you want to specifically address that in your will so everyone will know your last wishes.

Answer 9

Call a Lawyer... That way there are no mistakes made.. Its just to important to chance something going wrong for your loved ones.

Answer 10

Ask a lawyer.