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Note that every state has particular regulations on how a will
should be written, so always be sure to seek the council of a
specialist in your state of domicile (i.e., the state in which
you spend most of your time, or in which you have your driver’s
license or permanent address.) What follows are general
standards for most wills, and is not meant to be
exhaustive.
1)
The will must be a written document.
2)
On this written document, the testator (the one making
the will) should clearly state his or her name, and that this
document is indeed a formal will. (Generally, this can be done
simply by claiming the document to be a “will and testament.”)
3)
If the testator has already written a will in the past,
he or she should openly declare all previous wills null and
void. This can avoid the confusion of having two or more wills
with contrasting information. On this note, while it’s usually
not required, it is a good idea to write the DATE on the will,
so there can be no confusion on which will is the latest.
4)
The testator then makes clear what assets, funds, and
properties are to be passed on to the desired individuals or
organizations. (More here
on the proper language of wills, and various types of giving)
5)
Importantly, the testator must SIGN the will AT THE VERY
BOTTOM to make it official. An unsigned will is as good as
none, and anything below the signature will not be considered.
6)
When the testator signs the will,
at least two
disinterested witnesses -- meaning witnesses who receive
nothing from the will – must be present, and they too must sign
the will as witnesses. Pennsylvania is currently the only
exception.
7)
If later you want to make any minor changes or additions
to the will (in legal language, if you want to make a “codicil”)
you may do so below your former signature, but again, you and
two witnesses must then all sign the BOTTOM of the document. If
you want to make any major changes, it is best to make a new
will, expressly revoking the previous will.
8)
Finally, it is usually advisable to appoint – within the
will itself – an EXECUTOR. In other words, choose someone you
trust to carry out your wishes as defined in the will. If you
don’t appoint an executor, the state will choose one for you.
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