HOW TO CREATE A VALID WILL (YFL 006)

Capacity and Intent

Age: You must be at least 18 years old (or the age of majority in your state or country) to create a valid Will.

Mental Capacity: You must be of sound mind and mental capacity to understand the nature and extent of your property, as well as the natural objects of your bounty (e.g., family members).

Intent: You must intend for the document to be your last Will and testament.

Writing and Signing the Will

Written Document: Your Will must be in writing, either typed or handwritten.

Signature: You must sign your Will in the presence of two or more witnesses.

Witnesses: Your witnesses must:

    – Be at least 18 years old (or the age of majority in your state or country)

    – Be mentally competent

    – Not be the beneficiaries of your Will

    – Sign the Will in your presence

Contents of the Will

Introduction: Start your Will with a statement indicating that it is your last Will and testament.

Appointment of Executor: Name an executor or executors (also known as a personal representative) to manage your estate after your death.

Beneficiaries: Clearly state who will inherit your property and assets.

Specific Bequests: If desired, include specific bequests of property or assets to specific beneficiaries.

Residuary Clause: Include a residuary clause to distribute any remaining property or assets not specifically mentioned in the Will.

Testamentary Guardians: If you have minor children, name a testamentary guardian to care for them in the event of your death.

Funeral Arrangements: You may include instructions for your funeral arrangements, although this is not required.

Execution and Storage

Sign and Witness: Sign your Will in the presence of two or more witnesses, who must also sign the Will.

Store Safely: Store your Will in a safe and accessible location, such as a fireproof safe or a safe deposit box.

Inform Executor and Beneficiaries: Inform your executor and beneficiaries about the location of your Will.

Review and Update

Review Regularly: Review your Will regularly to ensure it reflects your current wishes and circumstances.

Update as Needed: Update your Will as needed to reflect changes in your life, such as marriage, divorce, or the birth of children.

 For more on how you can update your Will, Click here

Note that you may write your Will in the comfort of your home using the Template in FORM LSC 008 but remember that it is more advisable to consult a solicitor to ensure that your Will is valid and meets the specific requirements of the Law.

For more specific details of the contents of a Will, Click here