About Wills

• Your will is the document that your family will refer to for dividing your assets among your named heirs. If your will is not done properly, it can be declared invalid in probate court and your wishes will be ignored. For this reason, it is essential to draft and sign your will correctly, to limit the chance that other family members will successfully invalidate your will and do with your property as they please.
  
  

Basic Rules for Wills

• A will has five basic parts: identification of the testator and renunciation of all previous wills and codicils; naming of an executor (multiple executors are preferred, in the event that your first choice cannot or chooses not to accept the position); listing of all the estate's assets; naming of the heirs (who can be individuals, entities, or even animals); and a dated, witnessed signature. Absent one or more of these key elements, your will can be ignored.
  
  

Renouncing All Previous Wills

• The first section of your will needs to list your full, legal name. You also need to clearly state that you revoke all previous wills and codicils, even if you have never had a will before. This will help prevent another individual from introducing a fraudulent will during probate. Any time you create a new will or wish to add a new codicil to an existing will, it's a good idea to draft a brand-new will with your new provisions revoking all previous documents.
  
  

Naming an Executor

• The executor is the individual who is in charge of your estate. It is his responsibility to ensure that your assets are divided in the manner that you wish. List at least two executors, more if you would like, so that in case your first choice is unable or unwilling to act as your executor, you have chosen someone else you trust in his place. Always discuss executorship with the person you wish to appoint before you draft your will, so he is aware of your choice and can let you know in advance if he chooses to decline the position.
  
  

Listing and Dispersing Property

• Your will needs to contain a detailed list of your assets, along with the individual(s) you wish each asset to be given to. Monetary assets can be divided by percentage (40 percent of the estate goes to John Smith) or by amount ($10,000 in cash goes to Jane Jones). Specific belongings, such as furniture, jewelry, and any real estate that you own, should be listed separately and an heir named. If you do not want to give away certain assets to anyone in particular, list the asset and state so in your will. Otherwise, it may be divided among your heirs however the executor sees fit.
  
  

Excluding Individuals

• Many testators want to specific exclude potential heirs from their will, for fear they will attempt to claim a right to some of their assets. You can do this by specifically listing each individual you want left out of your will, and stating you do not wish any part of your estate to be given to them. Some testators will give their excluded heirs a small amount of money ($1) or a ridiculous "asset" (the lid to a garbage can) to ensure that they have no way to contest the will for being excluded. Remember, there are some rules about excluding certain heirs: for example, in many states you cannot exclude your spouse as an heir if you are still legally married, and if you try to, he can contest the will and win a hefty portion of your assets. Check your state's laws or consult an attorney for more information.
  
  

Signature and Witnesses

• The most important part of your will is the witnessed signature. Without this, your will is not valid and cannot be introduced in probate. You must sign and date your completed will in the presence of two witnesses, who must also sign and date their names, verifying they did indeed watch you sign the document. If you do not have two people willing to witness your signature on your will, you can contact a notary public and have her witness your signature for a small fee.