Planning for Tomorrow: Learn How to Write a Will Today
Writing a simple will doesn’t have to be complicated—yet more than two-thirds of Americans still don’t have one. Whether you’re protecting your children, home, or legacy, a basic will gives your loved ones clarity and peace of mind.
This guide makes the process approachable, outlining 9 straightforward steps to help you create a legally sound will, even without a lawyer. From naming your executor to securing your assets, we break down every step.
📌 Be sure to check out Endly’s guide to estate planning or download it for free, it covers all aspects of end-of-life preparation.
How to Write a Will
1. Decide how to write the will
2. Give it a clear title
3. Choose the right executor
4. List your assets and estate
5. Decide on beneficiaries and distribution of assets
6. Determine guardians for minors
7. Include a residuary clause
8. Consider fees for executioner
9. Sign the will properly to make it a legally binding document
Benefits of Having a Will
A will secures your assets, reduces legal confusion, and ensures your loved ones are provided for.
Without one, state intestacy laws decide who inherits—and it may not be who you intended. Creating a will can be:
- Affordable: Online templates and tools are budget-friendly
- Accessible: Many basic wills don’t require a lawyer
- Empowering: You maintain full control over your wishes
🔍 Learn more in our article: “Dying without a Will: Who Gets Your Stuff and Why You Should Care“
How to Write a Will: 9 Steps
For complex matters, with multiple properties, investments, and co-ownership professional legal assistance is highly recommended. But most wills deal with simpler matters. Their creation isn’t effortless, but it may very well be free.
1️⃣ Choose How You’ll Write the WillOptions include online platforms (e.g. (LegalZoom, Rocket Lawyer, or Willful), legal templates, or handwritten (holographic) wills. Choose what fits your comfort and estate size – they have templates with the legal framework to help you thorough. |
2️⃣ Title the Document ClearlyUse your full legal name and title the document clearly (e.g. “Last Will and Testament of Jane Doe”). |
3️⃣ Appoint the Right ExecutorChoose someone responsible, organized, and willing to manage your estate. Discuss the role with them in advance. They are responsible for carrying out your final wishes; and it’s crucial to assess potential candidates carefully. |
4️⃣ List All Assets and DebtsUnderstand the total value of your estate. Include:
🧾 Tip: Keep supporting documentation nearby like deeds, titles, and account statements to validate ownership and assess value. Calculate asset values by obtaining appraisals for valuable items and consulting financial professionals for complex assets. |
5️⃣ Name Beneficiaries & Distribute AssetsBe clear and specific with all items to avoid confusion. Use full names and consider including a letter of wishes for context, and you can identify individuals or organizations to inherit your assets. It can be family members, close friends, beloved charities, or esteemed institutions. |
6️⃣ Appoint Guardians for MinorsChoose someone capable and prepared to care for your children. Always name backups. Some tips when evaluating close family & friends:
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7️⃣ Include a Residuary ClauseThis covers anything you forgot to list—just in case. Given the likelihood of forgetting certain possessions when writing a will, a residuary clause is very beneficial. |
8️⃣ Address Executor CompensationState whether your executor should be compensated and how – list it in your will, so that your wishes are executed efficiently and, most importantly, fairly. |
9️⃣ Sign and Witness ProperlyMost countries require two adult witnesses (not beneficiaries). In the US, some states allow notarization. Google your local laws carefully. |
Storing Your Will Safely and Updating as Needed
After finalizing your will, store it in a secure location like a safe deposit box, fireproof safe, or with your attorney. Communicate its main points and any future changes to relevant parties, including your executor, beneficiaries, and attorney, to prevent uncertainty and conflicts.
Regularly review your will, especially after major life events like:
- Marriage
- Divorce
- Death of a spouse
- Birth/death of a child
- Significant changes in financial status like investment, property or vehicle acquisition, etc.
🧾 Tip: What goes into a will changes over time.
Make sure to inform all involved parties. This way you’ll maintain control over your estate and minimize the potential for disputes or misunderstandings.
Common Mistakes to Avoid When Writing a Will
Even a small error can lead to confusion, delays, or disputes. Protect your legacy by avoiding these common missteps:
❌ DIY Pitfalls
While DIY wills may seem convenient, they can often miss critical legal requirements. Issues like:
- Improper witnessing or signatures
- Vague or unclear beneficiary instructions
- Missing clauses (e.g., residuary clause)
- Overlooking tax considerations or trusts
…can render your will invalid or trigger court challenges.
⏳ Procrastination
Waiting too long puts your family at risk. An unexpected event without a will means your estate may be divided according to state laws—not your wishes.
🔄 Failing to Update
Life changes—so should your will. Marriage, divorce, births, deaths, or acquiring assets all warrant a will review.
🧾 Tip: Set a calendar reminder to revisit your will every 3 years or after major life events.
Legal Advice and Assistance
Securing assets through estate planning via an attorney ensures your will is legally sound and enforceable. While DIY can work for simple cases, legal guidance becomes essential when things get complex.
Lawyers Help With:
- Navigating tax implications
- Handling estate administration
- Guiding through probate proceedings
Yes, hiring a lawyer comes with a cost—but here’s a smart strategy: bring a draft of your will to your consultation. This can save time and reduce fees.
📌 Bottom line: a lawyer can safeguard your legacy and help you avoid costly mistakes later.
Alternatives to Traditional Wills
While a will is a fundamental estate planning tool, it’s not your only option. There are alternative strategies that can complement or even simplify the distribution of your assets.
Revocable Living Trusts
A revocable living trust lets you manage and modify your assets during your lifetime—and ensures they transfer smoothly when you’re gone. It allows:
- Quick distribution to beneficiaries
- Skips probate
- Offers privacy and control
🧾 Tip: Work with an estate planning attorney to create a trust tailored to your needs.
Trusts are especially helpful if you own property in multiple states or want to avoid public court records. For best results, combine a trust with a simple will.
Beneficiary Designations
Certain assets bypass your will entirely. You can assign beneficiaries directly on accounts like:
- Retirement accounts (401k, IRA)
- Life insurance
- Payable-on-death (POD) bank accounts
Filling out these forms correctly ensures a fast, probate-free transfer to your chosen recipients.
📌 Make sure your will aligns with your designations to avoid conflicts.
Advance Directives and Powers of Attorney
These legal documents let you choose trusted individuals to make healthcare and financial decisions if you become incapacitated. Follow your state’s legal requirements to ensure they’re valid.
Key tools include:
- Healthcare proxy / living will (advance directive)
- Durable power of attorney (for finances)
✅ Together with your will or trust, these tools offer peace of mind and comprehensive protection for your future.
Conclusion
In conclusion, knowing how to write a will is paramount to care for your loved ones even after you are gone. By understanding the essential steps involved in writing and executing a will, you can take control of your estate and protect your legacy.
Don’t delay — take action today to prioritize your estate planning by creating or updating your will. It’s a crucial step toward providing clarity and security for yourself and your family in the future as part of End of life planning.
FAQ
1. Who should I choose as my executor?
– Ideally, choose someone trustworthy, organized, and responsible
– Who understands your wishes and is capable of managing your estate.
– This could be a family member, friend, or professional such as a lawyer or accountant.
– Make sure they’re willing to take on the role and consider their availability and proximity to handle the responsibilities efficiently. – Additionally, discuss your decisions with them beforehand so they are comfortable with the responsibilities involved.
2. How often should I update my will?
– You should review and update your will to reflect any significant life changes, such as marriage, divorce, the birth or adoption of children, or acquiring substantial assets.
– It’s advisable to revisit your will every few years to re-align it with your current wishes and relevant laws.
– Regular updates help avoid potential discrepancies and ensure your will accurately reflects your intentions at all times.
3. What happens if I die without a will?
– If you die without a will, your assets will be distributed according to the intestacy laws of your state or country.
– Typically, this means your estate will be divided among your closest relatives, such as your spouse, children, or parents, depending on the laws of inheritance.
– Without a will, you lose the opportunity to specify how your assets should be distributed and who should manage your estate.
