Can I Write My Own Will?

There are two types of Wills, if prepared properly they can ensure your estate is distributed as you want and the person you appointed will be in control to manage your estate. 

One of these Wills does not require you go to an attorney to prepare, it doesn't even require you have witnesses and it can be written on anything. 

1. A formal Will.  This is the Will we all know about.  It is prepared by a qualified estate planning attorney, and has all of the legal language needed, and is signed with all of the formalities to make it a valid Will.  It is your Will and accomplishes everything you intended.

2. A Holographic Will.   What exactly does that mean?  You can prepare this Will anywhere.  The only requirements are that it is wholly in your handwriting, it is signed by you, and it is dated.  It can be written on anything: a piece of paper, the back of a menu, the back of a business card, and the list can go on. Although this Holographic Will is completely valid, it is not recommended to be used in every situation. 

Take precaution that these Wills must have testamentary intent.  What does this mean?  I suggest you have the words Last Will and Testament  on the top of the paper.  Although this is not absolutely necessary, it is recommended.  It should revoke all previous Wills and Codicils signed by you.  It should also fully dispose of all of your property and not just certain items.  It should appoint an Independent Executor to serve without bond and without court supervision. 

Having a Will can ensure your assets and loved ones are protected. For a free consultation to discuss your estate planning needs, contact us.

Be the first to comment!
Post a Comment