Creating a will might seem overwhelming, but it doesn’t have to be. With a few simple steps, you can create a document that protects your family and assets. Writing a will ensures your wishes are followed and gives you peace of mind knowing your loved ones are taken care of.
In our previous guide, we explained what a will is and why it’s essential. If you’re unsure about the basics, you can catch up here: What Is a Will and Why Do You Need One? Now, let’s walk through the process of creating your own will in just five easy steps. Whether you’re doing this for the first time or updating an existing plan, this guide will help you get started quickly and confidently.
Gather Your Information
Before you start writing your will, it’s important to organize the details you’ll need. Taking time to gather this information upfront ensures your will is complete, accurate, and reflects your wishes.
Here’s what you’ll need to consider:
1. Assets: Make a list of everything you own, including property, bank accounts, investments, vehicles, jewelry, and sentimental items. Don’t forget digital assets like online accounts or cryptocurrencies.
2. Beneficiaries: Decide who will inherit your assets. Be specific about who gets what for example, name individuals rather than saying “my siblings.”
3. Executor: Choose someone you trust to carry out the instructions in your will. This person will manage tasks like distributing assets and paying debts.
Guardianship (If Applicable): If you have minor children, decide who will care for them if something happens to you.
Having this information ready simplifies the process and ensures nothing important is overlooked. If you’re unsure about any of these terms, our earlier guide explains them in detail: What Is a Will and Why Do You Need One?
Choose a Format for Your Will
Here are the most common formats:
⦁ Handwritten Wills: A handwritten will, also known as a holographic will, is an option if you want to write your wishes by hand. While simple and cost-effective, not all states recognize handwritten wills as legally valid, so check your local laws before choosing this method.
⦁ Online Templates: Platforms like Trust & Will, LegalZoom, or other estate planning services offer affordable templates that guide you through the process. These tools simplify writing a will and ensure your document meets legal requirements.
⦁ Software Programs: Estate planning software provides another DIY option. Programs like Quicken Will Maker or Law Depot allow you to create a will at your own pace while offering customization features.
⦁ Hiring a Lawyer: If your estate is complex such as owning multiple properties, significant assets, or business interests consulting an attorney may be the best choice. A lawyer can help tailor your will to your specific needs and ensure it complies with state laws.
For most people, online templates or software programs are sufficient and cost-effective ways to create a simple will. Whichever format you choose, make sure your will is clear, specific, and legally valid.
Write Clearly and Specifically
Once you’ve chosen a format, it’s time to start drafting your will. The key here is clarity—your instructions should leave no room for confusion or misinterpretation. Ambiguities can lead to disputes or delays, so take the time to write your will carefully.
Here are some tips to ensure your will is clear and specific:
1. Use Plain Language: Avoid legal jargon or overly complex terms. Write as if you’re explaining your wishes to a friend. For example, instead of saying “bequeath,” simply say “I leave to.”
2. Be Specific About Beneficiaries: Name individuals clearly and specify what they’ll receive. For instance, instead of saying “my children,” list their names and what each will inherit.
3. Define Personal Belongings: If you’re leaving sentimental items like jewelry or family heirlooms, describe them in detail to avoid confusion.
4. Include Contingency Plans: Consider what happens if a beneficiary predeceases you. Specify alternate recipients to prevent complications.
If you’re unsure about any terms, such as “executor” or “beneficiaries,” revisit our earlier guide for clarification: What Is a Will and Why Do You Need One? Taking these steps ensures your will accurately reflects your wishes and minimizes the risk of disputes later.
Sign and Witness Your Will
Here’s how to do it:
⦁ Sign Your Will: Sign your will in the presence of witnesses. Your signature confirms that the document reflects your wishes.
⦁ Witness Requirements: Most states require two or three witnesses to sign the will. These witnesses must be unbiased, meaning they shouldn’t be beneficiaries or stand to gain from your estate.
⦁ Notarization (Optional but Recommended): While not always required, having your will notarized can add an extra layer of protection. A notarized will is less likely to face challenges in probate court.
⦁ Store It Safely: Once signed and witnessed, store your will in a secure location, such as a fireproof safe or safety deposit box. Make sure your executor knows where to find it.
Failing to meet these legal requirements can invalidate your will, leaving your estate subject to state laws. Take the time to ensure your will is properly signed, witnessed, and stored for peace of mind.
Review and Update Regularly
Creating a will isn’t a one-time task it’s something you should revisit periodically to ensure it reflects your current wishes and circumstances. Life changes, and so should your will. Regular updates help prevent confusion or disputes down the line.
Here’s how to keep your will up to date:
1. After Major Life Events: Review your will after significant changes like marriage, divorce, the birth of a child, or the death of a beneficiary. These events can impact who inherits your assets or who serves as your executor.
2. Update Beneficiaries: If your relationships change for example, if you remarry or have grandchildren update your beneficiaries accordingly.
3. Revisit Every Few Years: Even if no major life events occur, review your will every 3-5 years to ensure it still aligns with your goals.
4. Store Updates Safely: If you make changes, sign and witness the updated version just as you did the original. Keep the new will in the same secure location and destroy outdated copies to avoid confusion.
Regularly reviewing your will ensures it remains accurate and relevant. By staying proactive, you’ll have peace of mind knowing your estate plan always reflects your intentions.
Conclusion
Writing a simple will doesn’t have to be complicated. By following these five steps gathering your information, choosing a format, writing clearly, signing legally, and reviewing regularly you can create a document that protects your loved ones and honors your wishes. Taking the time to create a will is one of the most meaningful actions you can take to ensure your family’s security and peace of mind.
If you’re ready to get started, download our free estate planning checklist to guide you through the process. And if you’re still unsure about certain aspects, such as choosing between a will and a trust, stay tuned for our next guide: The Difference Between a Will and a Trust.
Start today your future self and your loved ones will thank you.