How to Draft a Last Will and Testament

A Last Will and Testament is the way to insure your children are properly provided for and finances properly distributed. It can be drafted and signed by any mentally competent person over the age of 18. Without a Last Will and Testament, the courts will determine the dispersal of your estate.

1. Begin with an introductory paragraph. Mention your name, city and state of residence and that you revoke any former wills. Declare that the document is your Last Will and Testament.


2. Type “Article One” of the document. This is meant to state that any remaining debts you may owe will be paid by your representative. This includes legal debts, funeral expenses and the costs of settling and administering your estate. The debts will be paid as soon after death as practical without sacrificing assets.


3. Continue to next section titled “Article Two”. This states who gets what. Designate who receives your property and how the finances are to be divided.  Add additional articles for gifts to specific people or charities. It is not necessary to mention every piece of personal property you own in the document. List only items of personal importance or high value. If you wish some personal property to go to a specific person, no matter the value, it must be included.


4. Designate the guardian of your children, if applicable. This is usually the spouse, but if for some reason the spouse cannot act as guardian, you need alternatives.


5. Name your personal representative in the final article. Just as in guardianship, an aleternative must be named in the case your first choice is unable.


6. Include a signature line for yourself, along with a place for the date. Under the signature include a short paragraph stating the number of pages, and that the document was signed by you as a Last Will and Testament in the presence of witnesses. Include the witnesses are there at your request, and have them sign the document at the same time as each other and yourself. A paragraph that asserts they believe you are of sound mind and body, and acting voluntarily must be included. The witnesses cannot be related to you and they cannot be named as a beneficiary in your will.


7. Have the document notarized if you wish.


8. Make copies and keep in a safe location.