As divorce lawyers here at BruegelPC, we often hear clients ask, “Can I write my own will and have it notarized?” Writing a will may seem like a straightforward task, but there are crucial details you must understand to ensure its legality. In this article, I’ll share the key points you need to know if you’re considering drafting your own will. Let’s dive into the process and pitfalls of creating a personal will that stands up in court.
On the authority of the American Bar Association, you can write your own will and have it notarized. However, it must meet your state’s legal requirements to be valid. Consult a legal expert to ensure it is done correctly.
What Is a Will and Why It’s Important
A will is a very important legal instrument that ensures your assets and belongings are allocated according to your wishes after death.
To put it briefly, a will lets you name guardians for your minor children and specify other important things like funeral plans.
Having a will is important because it helps make sure your belongings go to the people you choose and can prevent family arguments after you’re gone. Without a will, state laws will decide who gets what, not you. At the simplest level, besides deciding who gets your stuff, a will can also help reduce taxes and other costs during the legal process. It gives peace of mind knowing your wishes are followed and your loved ones are cared for.
Steps to Write Your Own Will
Begin crafting your will by determining your beneficiaries, the initial and very important step in ensuring your assets are distributed as you wish.
To outline briefly, pick someone you trust to manage your will. Think about any special items you want certain people to have. Clearly write down your wishes to avoid any confusion when you’re gone. Include important details like the names of the people who will receive things, descriptions of those items, and any specific rules for the inheritance.
As a rule, it’s a good idea to talk to a lawyer or use legal guides to make sure your will is valid. Sign your will in front of witnesses who won’t get anything from it. Store your will in a safe but accessible place for your executor. Regularly update your will to keep up with any life changes. Writing a will ensures your wishes are followed and your loved ones are cared for after your death.
Legal Requirements for Valid Wills
In the context of what was mentioned for a will to be legally valid, it must be written, signed by a mentally sound testator of legal age, and witnessed by at least two non-beneficiaries.
If you think about it, the will should clearly list who gets what and make sure any changes are done the right way. Keep the will in a safe place where it can be easily found.
To simplify, if these steps aren’t followed, the will could be invalid, and the state could decide how the assets are divided. It’s a good idea to get legal help when making a will to make sure everything is done correctly and to avoid future problems.
How to Have Your Will Notarized
Repeating past discussions, in some states, having your will notarized can streamline the probate process by making it self-proving.
By and large, bring the unsigned will and some form of ID. The notary will check who you are and watch you sign the will. Once you sign, the notary will add their seal and signature to make it official.
If you think about it, remember, the notary only checks your identity and watches you sign; they don’t check the will’s contents. Make sure to follow all state laws about wills and notarization to make sure your will is valid.
Common Mistakes to Avoid When Writing a Will
Adding to past comments, avoiding mistakes when writing a will is crucial, as errors can lead to unintended legal battles and your final wishes being overlooked.
To break it down, one mistake people often make is not updating their will to match any changes in their life or property. Another is not being clear in their instructions, which can cause confusion or fights among family members. It’s also important to make sure your will follows your state’s laws so it doesn’t get thrown out.
All in all, ignoring the tax effects of your gifts could leave your loved ones with surprise bills. Finally, you should pick an honest and responsible person to carry out your will. By avoiding these mistakes, you can make sure your wishes are followed and your family is taken care of after you’re gone.
To Wrap it All Up
Refer back to our earlier statement in conclusion, while it is possible to write your own will and have it notarized, it is recommended to seek the expertise of a legal professional to ensure that your wishes are properly documented and legally binding.
What BruegelPC is helping you handle is, a lawyer can help clarify any ambiguities, prevent potential disputes, and ensure that your will meets all legal requirements.