Wording For Last Will And Testament

Submitted By Our Expert Legal Author, Stephen Best on 2007-04-18  


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Writing your own Last Will And Testament is fairly easy. No specific wording for Last Will And Testament is required just as there is not a specific format required. While specific words are not required, there are several wording requirements.

First, it must be stated clearly in the statement that you write for your Last Will And Testament that it is your Last Will And Testament and that it is to be effective only upon your death. If you do not write "Last Will And Testament" at the top or say "upon my death" or something like that, people will not know that it is your Last Will And Testament. If you say "I give...." without making clear that it is your Last Will And Testament, people may think that it is a present and
current gift.

Second, while some states recognize handwritten (literally in the person's own handwriting) Last Will And Testaments without witnesses, most states do not. So you need to include a statement that the witnesses saw you sign your Last Will And Testament while in their presence. And you need to sign your Last Will And Testament in front of the witnesses.

Third, you need to state clearly your wishes and desires. It is no good if people who read your Last Will And Testament have to guess what you mean. You may want to have other people read your Last Will And Testament and tell you what they think it means. If they say it means something different than what you intended, then change the wording to make it clear.

It is best to have a lawyer prepare a Last Will And Testament for you. But, if you want to make your own Will, rather than "reinvent the wheel," it is a good idea to use a Last Will And Testament form. Generally, these forms have been reviewed by a lawyer and have the standard wording for a Last Will And Testament.

Don't wait. Don't put off making your Last Will And Testament. It is said that we are not promised tomorrow. The truth is that we are not promised the next moment.

The above information is general information only. For specific questions or clarification, contact a lawyer licensed in your state.

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