How to Write a Last Will and Testament

The concept of Last Will and Testament is used to pass on the legacy of a person to someone else, after the writer's or testator's (a person who makes the will) death. The following paragraphs will take you through the process of writing your last will and testament. Before proceeding to actual steps of writing a last will, let us take a look at the legal status of the last will and testament.

The Last Will and Testament

Essentially the last will and testament, which is also referred to as the 'will' of person, is made up of two parts, namely, the Will, which deals with the real estate or property and the testament which is the remaining legacy of the person. The law of inheritance and the common law of the land governs the operation of a last will and testament. The local jurisdiction and local, state and national laws play a crucial role in the working of this document, and before you write your own will consult an attorney, private or public, or a lawyer or a magistrate as in the United States the State law also applies to the last will and testament. Usually two kinds of wills are accepted by the law, namely the ones which have been registered and attested by a notary public or the ones that have been handwritten, but again, there are several laws that vary from state to state and affect the execution of the last will and testament of a person. It must be noted that any person of age and of sound mind who is not under the influence of any other person or substance can draft, register, attest and validate a last will and testament.

A will or testament is a powerful document that is to be drafted as carefully as possible. Such is the power of legacy that in 1896, December the legendary scientist, Sir Alfred Nobel, wrote a will excluding his entire family and establishing the Nobel Peace Prize, an honor that is incomparable to any other international award.

How to Write a Last Will and Testament

Writing a last will and testament is a very hard task as you will be under a considerable amount of emotional strain and load. The legal process, though fairly simple, should be followed without mistake and also without any distortions. The following are some of the important steps that you will have to follow while writing the last will and testament.

• The first statement and fact that one needs to declare is that this is your latest will and all wills and codicil written previously are null, void and inapplicable.
• The second part of the will is where you identify yourself, that is name, parentage, birth name., address, birth date, spouse to, etc. Such as detailed identification is essential due to the fact that there can be a person with the same name elsewhere.
• Next, you will have to name the executor of the will, the person who will take care of all the worldly matters such as paying off tax, debt, etc. The executor is an important person and appointing a close friend, or a lawyer, is always wise.
• Usually the custody of the children and their legal guardian comes next and in many cases the executor takes care of such matters.
• The next part is where clearing off matters such as taxes, debts and other such matters where the interest of other people is involved.
• The next part is the crucial one and is often known as a 'Will' as it deals with the real estate.
• The last part is the testament, where other assets and last wishes may be disclosed.

Using the advise of a lawyer is always wise due to the fact that it prevents you from leaving any loop holes and doubts about the will. Apart from that, validating and attesting a will properly with the help of an attorney, notary and witnesses also helps a lot as it makes the will foolproof and authentic.