Writing a Will typically involves choosing an executor and guardian for any minor children, naming your beneficiaries, and signing it according to your state's rules. Optional necessities may include listing your assets and debts, drafting the document with a lawyer, storing it in a safe place, and reviewing it whenever your life changes.
Most of us know we should have a Will. We just keep finding reasons to put it off. If that sounds familiar, you're not alone, but you're already doing something about it by reading this.
A Last Will and Testament is the document that makes sure your wishes are followed and the right people are in charge when you're no longer here to speak for yourself. It doesn’t matter whether you have a large estate; you need a Will.
While you can do this yourself, the DIY approach can cause problems. You could fall for any of several estate planning myths, and you won’t be around to make fixes if something is incorrect. Getting a lawyer’s advice is the best place to start.
We’ll walk you through some key steps involved in Will writing, and highlight how a LegalShield® provider lawyer can help you get each one right.
Every state has different rules for Wills, but they tend to follow similar patterns. Most Wills include these important items:
Pro tip: Try not to leave your wishes up for interpretation. For example, if you have a spouse and four children, you might want your spouse to inherit everything first. If your spouse also passes away, you might want your four children to split the estate evenly (25% each). A lawyer can write this for you so you’ve got the right language to state your wishes and conditions directly.
While it's worth understanding what writing your own Will actually involves, it’s best practice to work with a lawyer to draft a Will that you will sign. Language that's too vague, or elements that are missing entirely, can result in a court not honoring your wishes. With a LegalShield Personal Plan, a provider lawyer drafts your Last Will and Testament at no additional cost, prepares it in accordance with your state's rules, and flags anything that needs a second look before you sign.
A Will isn't just a list of who gets what. It's also a set of instructions for the people who will carry out your wishes and care for the ones you love. Three key roles typically need to be filled.
Executor or Personal Representative. This is the person who manages your estate after you die, by gathering assets, paying debts and taxes, and distributing what remains to your beneficiaries. The right person is organized, trustworthy, and willing to take on this important role.
Guardian. If you have minor children, this is often the most important decision in your entire Will. Your guardian raises your children if both you and their other parent are gone. Choose someone who shares your values, has the capacity to take on that responsibility, and can keep your children's lives as stable as possible. Have the conversation with them before you name them, because this is not a role anyone should discover at the worst moment of their life unexpectedly.
Bear in mind that this decision is ultimately up to the probate court, although courts usually weigh named guardians heavily.
Successor. Always name a backup for each role. If your first choice can't serve and there's no backup named, a court will appoint someone on your behalf. That person may not be who you would have chosen.
Pro tip: The executor and guardian roles come with real legal obligations. A provider lawyer can walk you through exactly what each role requires before you ask someone to take it on.
Think bigger than just your bank account. From your home to your car, your retirement accounts, your jewelry, and your grandmother's china, if it belongs to you and you'd want to decide who gets it, it belongs on the list.
There are three key asset categories:
Keep in mind that not everything you own passes through a Will. Life insurance policies, retirement accounts with named beneficiaries, and property held in joint tenancy typically transfer automatically outside of probate.
Pro tip: A LegalShield provider lawyer can help you understand which assets will pass through your Will and which won't. Getting that full picture early makes everything else easier to plan.
Your beneficiaries are the people or organizations who receive what you leave behind. You can leave things to family members, close friends, a favorite charity, or any combination, and you can assign specific items, set amounts, divide by percentage, or leave everything to one person.
A few things are worth knowing as you make these decisions. Naming contingent beneficiaries (backup recipients) for each gift is important. If a primary beneficiary dies before you and there's no contingent named, that share may end up in the wrong hands or trigger an unnecessary legal process. If you have a complicated family situation, the way you structure your distributions matters more than you might think.
Pro tip: A LegalShield provider lawyer can advise you on how to structure distributions in a way that reduces the chance of disputes later.
Having a drafted Will document is one thing, but making sure it's legally valid is another, and the rules vary more than most people expect.
Most states require you to sign your Will in the presence of at least two adult witnesses, who then sign it themselves. Those witnesses generally should not be beneficiaries, your executor, or anyone named in the Will. Some states also require a notarized affidavit, which makes the probate process smoother by confirming the Will's validity upfront. If you're exploring making a Will online through a guided process, a lawyer can help make sure the signing formalities are handled correctly for your state.
A handful of states recognize holographic Wills (entirely handwritten, signed, and dated, with no witnesses required), but most don't, and even in states that do, they face scrutiny. Knowing how to make a Will that holds up in probate court means following your specific state's requirements exactly.
Pro tip: State rules vary widely. A LegalShield provider lawyer knows the exact formality requirements where you live and can make sure your Will meets all of them before you sign.
Store the original somewhere safe and known: a fireproof home safe, a safe deposit box, or with a professional representative. Whatever you choose, tell your executor exactly where it is. A digital or scanned copy is useful for reference, but most states require the original for probate.
Pro tip: Don't just hide it. If nobody can find your Will, the court may act as if you never had one. Tell your executor where it is and make sure your backup executor knows too.
A Will isn't a one-and-done document. It should reflect your current life, not the life you had when you first wrote it.
Certain events should prompt a review right away: marriage or divorce, the birth or adoption of a child, the death of a beneficiary or executor, a significant change in assets, or a move to a new state. Beyond major life events, reviewing your Will every three to five years is good practice, because laws change, and what was valid when you wrote it may need updating.
Pro tip: Laws and personal circumstances change, too. A lawyer can review your Will to make sure it still reflects your life and choices, follows the newest rules in your state, and flags anything that needs updating before it becomes a problem.
That's where a provider lawyer makes a real difference. With a LegalShield Personal Plan, a provider lawyer drafts your Last Will and Testament, Living Will, and Power of Attorney, all at no additional cost beyond your monthly membership. Advanced and Premium plan members can also have their Will reviewed and updated annually to keep their plan current as their lives change.
Get guidance regarding your Will today.
Check out our answers to the questions people ask most often when they're ready to get their Will in place.
The most common mistake is failing to execute the Will correctly, by missing a witness signature, having a beneficiary serve as a witness, or skipping a notarization requirement. Courts have rejected otherwise valid Wills over exactly these kinds of technical errors. Not updating the Will after major life changes is a close second.
The best way to write a simple Will is with the guidance of a lawyer who can advise you on your state's requirements. Even a simple Will has legal formalities that vary by state, and what's valid in one place may not hold up in another. With a LegalShield Personal Plan, Will preparation is included at no additional cost.
Start with the first three steps in this guide: pick your team, list your assets, choose your executor and guardian, and name your beneficiaries. Once those decisions are made, working with a LegalShield provider lawyer is the most reliable way to make sure everything gets put into a legally valid document.
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