Requirements for the creation of a will:

Any person over the age of majority (an adult) can draft their own will without the aid of an attorney. Additional requirements may vary, depending on the jurisdiction, but every will must contain the following:

1.) The testator must clearly identify himself or herself as the maker of the will, and that a will is being made; this is commonly called "publication" of the will, and is typically satisfied by the words "last will and testament" on the face of the document.

2.) The testator must declare that he or she revokes all previously-made wills and codicils. Otherwise, a subsequently-made will revokes earlier wills and codicils only to the extent that they are inconsistent. However, if a subsequent will is completely inconsistent with an earlier one, that earlier will be considered completely revoked by implication.

3.) The testator must demonstrate that he or she has the capacity to dispose of his or her property, and does so freely and willingly.

4.) The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries). In some jurisdictions, for example, Kentucky Revised Statutes § 394.210(2) (2006). the spouse of a beneficiary is also considered an interested witness. In the USA, Pennsylvania is the only state which does not require the signing of the will to be witnessed.

5.) The testator's signature must be placed at the end of the will. If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator's intentions.

After the testator has died, a probate proceeding may be initiated in court to determine the validity of the will or wills that the testator may have created, i.e., which will satisfied the legal requirements, and to appoint an executor. If the will is ruled invalid in probate, then inheritance will occur under the laws of intestacy as if a will were never drafted.

There is no legal requirement that a will be drawn up by a lawyer, although there are pitfalls into which home-made wills can fall. The person who makes a will is not available to explain him or herself, or to correct any technical deficiency or error in expression, when it comes into effect on that person's death, and so there is little room for mistake. A common error (for example) in the execution of home-made wills in England is to use a beneficiary (typically a spouse or other close family members) as a witness -- although this has the effect in law of disinheriting the witness regardless of the provisions of the will.

Some states recognize a holographic will, made out entirely in the testator's own hand. A minority of states even recognize the validity of nuncupative wills, which are expressed orally. In England, the formalities of wills are relaxed for soldiers who express their wishes on active service.

A will may not include a requirement that an heir commit an illegal, immoral, or other act against public policy as a condition of receipt. In community property jurisdictions, a will cannot be used to disinherit a surviving spouse, who is entitled to at least a portion of the testator's estate. In England, a will may disinherit a spouse, but close relations excluded from a will (including but not limited to spouses) may apply to the court for provision to be made for them at the court's discretion.

It is a good idea that the testator give his executor the power to pay debts, taxes, and administration expenses (probate, etc.). Warren Burger's will did not contain this, which wound up costing his estate thousands. This is not a consideration in English law, which provides that all such expenses will fall on the estate in any case.

You may also want to consider getting a free life insurance quote. Most insurance quote engines have made this process fast and simple. The quote process take less than 5 minutes to complete and you are presented with multiple offers from top rated insurance providers.

DISCLAIMER:

This web site is designed to give you general information. The information on this web site is in no way intended to be legal advice. Legal advice can only be obtained by a licensed attorney who has the appropriate legal skills and knowledge related to your specific circumstances