According to family law, everyone should have a will. However, many people think making a will is complicated and requires the services of professional family law attorneys. Although it will help to seek a family law attorney’s advice when writing your will, it is not compulsory as long as you use simple and clear language that does not need to be interpreted.
The simplest way to make a will is to choose the ‘Witnessed Will’ type of will. This type of will can be written alone or with the help of a family law attorney. But it must be written in the presence of two witnesses to make the will more valid and legal-binding. Note that it is not compulsory to have your will notarized.
However, before you start writing the witnessed will, you must prepare by following these steps:
- Decide who to appoint as witnesses. You have to discuss with them your intention to witness to your will. However, they must be trustworthy and reliable.
- Choose an executor – the person that will oversee the implantation of the content of your will. The executor must be reliable and honest. Besides, the person must agree to be your executor when you pass away.
- List the beneficiaries and the inheritance you give them from your possessions. Be clear and straightforward.
- Choose a guardian for your minor or underage children. This is mandatory if you are the last surviving parent or your spouse is unfit to take care of the children.
- Sign the will and put the date on the designated areas of the will. The witnesses should also sign the will and put the date.
Meanwhile, certain conditions must be met when writing your will:
- The writer or testator must be at least 18 years of age and sound mind.
- The will must be handwritten or printed (depending on the type of will you choose) and signed by the testator and two witnesses.
- The witnesses must not be beneficiaries in the will.
- The witnesses must be at least 18 years of age.
Keep in mind that the simplest way to make a will is the witnessed will. Meanwhile, writing a will with the help of a family law attorney will help. If you need the services of an experienced family law attorney, do not hesitate to contact us. We are committed to your best experience.