Many people mistakenly believe that a lawyer is necessary for the drafting of a final will. This of course is entirely false, and in many cases proves to be a disastrous for those who feel they are unable to afford the legal fees charged in the drafting of a final will and last testament. In those cases when a final will is not available all decisions are left up to the state, and as can be imagined, the division of assets by a judge can have adverse effects. Many final will templates are available in the Internet and are relatively easy to turn into a legal document. The final will and last testament consists of ten key parts: Introduction, identification of children, debts and expenses, specific bequests, residuary bequests, executor/executrix, powers of the executor/executrix, a signature and a self proving affidavit.
When writing a final will the introduction will provide all the necessary legal information needed for attributing it a specific person. The introduction also provides information on the state in which the individual resides. Given that different states have different laws, it is suggested that the writer research the specific requirements for their state.
A generic introduction can be written as follows: “I, John Doe, a resident of city, state, do hereby make, publish and declare this to be my Last Will and Last testament. I hereby revoke all previous will and codicils.”
The second step is to identify any children and grandchildren: ” I have the following natural children: 1, 2 and 3. I have the following step-children: 1. I have the following grandchildren: 1, 2 and 3″ (each number signifies the child or grandchild’s name).
The third step is the step discloses all debts and expenses: “I hereby direct all my just debts and funeral expenses be paid or provided for as soon as practicable after my death.”
Fourth, a section on taxes : “All estate and inheritance taxes shall be paid out of my residuary estate as an expense of administration.
Fifth, a section on specific bequests: “I hereby devise and bequeath all of my estate, either real, personal or mixed, unto my beloved wife, Jane Doe. In the event that my wife should predecease me then I hereby devise and bequeath my estate as provided hereinafter under the section entitled Residuary Bequests.”
Sixth, residuary bequests: “I hereby devise all of my homemade quilts unto my daughter (daughters name). I hereby devise all of the rest, residue and remainder of my estate, either real, personal or mixed, unto my beloved children, 1, 2, 3 and 4” (each number signifies the name of a child disclosed in the second step of the final will).
Seventh, the naming of the executor/executrix: “I hereby nominate and appoint my wife, Jane Doe, to serve as my executrix. In the event that Jane Doe does not survive me or she is unwilling or unable to serve as my executrix, then I hereby nominate and appoint George Smith to serve as my executor.”
Eight, the Powers of executor/executrix: “I direct that my Executor/Executrix serve in such capacity without bond. Further, I direct that my Executor/Executrix shall have all of the powers legally bestowed within the bounds of the laws of the State of Oregon.
Ninth, a signature will be required in the presence of two or three witnesses, depending on the regulation of your specific state (remember, this information can be easily found in the Internet and does not require the use of a lawyer), as well as a Notary Public. Each page of the final will and last testament also requires a signature or initial as well as a date at the bottom.
The last part of your self-written last will is a self proving affidavit. A self proving affidavit is the section of the will signed by the individual making the will known as the testator. The testator must sign the will with the witnesses in front of a notary public.
The following steps have been compiled in order to help those unable to afford the legal fees associated with the drafting of a final will. Moreover, more important that saving money, writing a will can save those loved ones left behind loads of trouble with the state and other private matters that may arise when it comes to property-writing a final will and last testament is the responsible thing for an adult to do.
