Business Law

Writing a Legally Binding Last Will & Testament – A Guide

Written by Jimmy Rustling

We all tend to take life for granted, yet nothing is guaranteed, with the exception of birth, death, and, of course, taxes! We never know where our story will end and many people mistakenly think that if they were to die, their estate will automatically go to their partner; in fact, their estate will be divided according to centuries-old laws and that might not be what you would want.

Accurate identification information

It is imperative that you write your full name clearly, along with your date of birth and residential address. You must be aged 18 or over in order to write a will. Of course, writing a will is much easier with the help of a legal professional who can ensure that the will is written in correct English and is witnessed according to law.

Be of sound mind

It is important to state clearly that you are of sound mind and have all your faculties with you; in the event you are updating a will, make sure you state that this version overrules any previous version and that you are of sound mind.

Appoint an executor

When writing a will, you must name a person to be the executor of the will; this person executes the instructions of the will. This is a responsible position and the executor must ensure that the deceased person’s wishes are adhered to. 

Naming beneficiaries

You must name the people you wish to receive some of your estate, along with the asset(s) you want them to inherit. Relationships can change and should you wish to make some changes to your will, a local family lawyer can assist you with this. Assets bequeathed to children would typically be held in trust until they reach the age of 18. Here are a few reasons a person might need legal counsel.

Correct signatures & dates

Make sure that each page has the will-maker’s signature, along with the witnesses and the date. Using a lawyer adds a lot of weight and in the event of will contestation, you have a watertight document that cannot be contested. Something as important as a will should be handled by a family lawyer, a legal professional who fully understands the law and will ensure that the document is legally binding.

Changing a will

Once you have written your Last Will & Testament, it is a legally binding document, yet you can make changes at any time, should you feel the need. You might fall out with a family member and no longer wish for that person to be included in your will. In such a case, you can either add a note to the current will or simply write a new will and declare that this supersedes previous versions.

You never know when your journey will end and it is important to write a will in order that your loved ones receive your estate.

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About the author

Jimmy Rustling

Born at an early age, Jimmy Rustling has found solace and comfort knowing that his humble actions have made this multiverse a better place for every man, woman and child ever known to exist. Dr. Jimmy Rustling has won many awards for excellence in writing including fourteen Peabody awards and a handful of Pulitzer Prizes. When Jimmies are not being Rustled the kind Dr. enjoys being an amazing husband to his beautiful, soulmate; Anastasia, a Russian mail order bride of almost 2 months. Dr. Rustling also spends 12-15 hours each day teaching their adopted 8-year-old Syrian refugee daughter how to read and write.