Last Will and Testament Form samples

A Step-by-Step Process of How to make a Will

Step 1. Identify Your Belongings, Savings and Assets

First of all, you need to create a list of all estate that you possess and value. The items shall contain your real property and personal belongings. It should be done even before you create a document. You need to be sure about who are your beneficiaries, information about them (names, dates of birth etc.). Choose carefully which assets, if any, you wish to give to certain people in your will, and who should receive nothing and why, if it comes to your mind. If you have real estate, describe it in details mentioning someone to take it. Don’t forget about the correct total percentage of 100% and dividing it between all the beneficiaries.

Step 2. Choose the Executor

In other words, a person who is responsible for dividing and delivering to correct beneficiaries all your assets when you’re gone, as well as upholding your will. An executor cannot be your relative. Just in case, name one more person as your secondary executor if the first one cannot or refuses to perform the tasks. Better choose someone you can trust and who will act in your best interests.

Step 3. Name Guardian For Your Kids

If you don’t want your minor children to have an unclear fate, take care of them by appointing a person named Guardian in case you die. The guardian will replace you as a parent and take care for your children instead of you, so make sure this person is absolutely trustworthy and certainly can act in your name and look out for your kids and their belongings. It’s essential as well to list your children in your will and mention their names and birth dates.

Step 4. Select Your Beneficiaries

As it has been mentioned in Step 1, you need to choose your beneficiaries carefully, because these are the people or organizations who will receive everything yours after your death. It’s your choice whether to have one beneficiary who will collect everything, or to divide your property amongst a lot of people. Think about the interest in case your beneficiary dies – if it goes to their heirs or will be divided among the other beneficiaries, if you have multiple.

Step 5. Find Witnesses and Sign Your Will in Front of Them

In order to make your Last Will legal, you need to sign it at least in front of one witness. But it is recommended to have two witnesses, because a lot of states have such a requirement. It’s better for witnesses not to be your beneficiaries, as well as executors. Don’t forget to arrange the notarization and sign the Will after, not in front of a notary.

Step 6. Find a Safe Place to Store Your Will

Put your document in a safe place. It should be stored with original copies. Make sure your beneficiaries and legal counsel have these copies too.

How Do I Write a Last Will and Testament?

Step 1. Name a Testator

A Testator is in our case a person who will give their property after death – that means you. Here you need to state your name in the correct areas.

Last Will and Testament of William Smith

Recital

I, William Smith, a resident of Houston within the State of Texas, make, publish and declare this to be my Last Will and Testament, thereby revoking any and all previous Wills and Codicils made by me.

Step 2. Mention Family Members

This step includes your marital status. You need to declare it – whether you are single, married, engaged, widowed or separated – please write it down, including the name of the other person.

Relatives

I, William Smith, attest that I am single.

Step 3. Mention Kids

Fill in the information about your children: how many of them you have, their names, birth dates, whether they are living or deceased.

I have 1 child. The name and date of birth of my child are as follows:

Mariah15/03/1990Living

All references in this Will to my “child” or “children” are to the aforementioned children, as well as any children subsequently born to or adopted by me.

Step 4. Funeral and Burial Arrangements

Here you should list all your arrangements connected with funeral, burial and memorial wishes. If you’ve made a choice about your funeral home, list all the necessary data: its name, address, telephone number. If you want a repast, give the details: address and location. As for the burial, list the name of the cemetery and address as well. Don’t forget to mention any memorial wishes, if you have them, in this very step.

Burial

It is my request that my Executor shall make arrangements for my funeral services to be held and conducted at Bradshaw-Carter Memorial & Funeral Services, located at 1734 W Alabama St, Houston, TX 77098 and whose telephone number is 713-804-7395.

All costs and expenses associated with my burial requests shall be paid from the life insurance, if any, or proceeds of my estate.

Step 5. Mention your Expenses and Debts

Here declare laws of the state where any assets, debts or taxes will be subject to accordingly.

Debts & Expenses

Any and all my debts due and payable, including funeral, burial and memorial expenses, the expenses of the administration of my estate, all estate, inheritance and similar taxes payable with respect to property included in my probate estate, including any interest or/and penalties thereon, shall be paid out of my estate pursuant with the laws of the State of Texas, without apportionment or right of reimbursement from any beneficiary herein named in my Will.

Step 6. Describe Your Estate

If you have any real estate, mention it in this step. Write the addresses of your home or property here.

Real property

I bestow and bequeath any interest which I may have in my home, including real property and improvements, located at 700 East Parker – Houston, TX – 77076-3413 owned by me at the time of my death along with all insurance policies upon my home, subject to any loans, mortgages or other encumbrances pursuant to the attached Schedule – Beneficiary Designations.

Step 7. Care of Your Pets

Give the information of the caretaker or pet organization if you have pets and want someone to take care of them after you’re gone – name and address are essential. Don’t forget to mention pet type, their names and veterinarians.

Step 8. Appointment Of Trustee or Executor

Here you need to put your Executor/Trustee’s name and how they relate to you. Don’t forget to put the secondary executor if your primary is somehow unavailable. Digital Executor could also be useful if you have some digital assets.

Appointment of Executor/Trustee

I appoint Gregory McNeal, Lawyer, to serve as Executor of my Will.

I appoint Fabio Allonzo, Lawyer, to serve as Digital Executor of my Will.

Step 9. Testation Clause

This is the last step of writing your Last Will. It allows you to state that your wishes are of sound mind and to certify your Will. To do so, input your name and signature in this section. Then let your witnesses to provide signatures and names, addresses and telephone numbers.

Testation Clause

The foregoing instrument was signed, sealed, published and declared by William Smith, the above named Testatrix to be such Testatrix’s Last Will and Testament in our presence, all being at the same time, and we, at such Testatrix’s request and in such Testatrix’s presence and in the presence of each other, have subscribed our names as witnesses on the aforementioned date above

Mary Williams Sofy Dexter

(First Witness Signature) (Second Witness Signature)

Mary Williams Sofy Dexter

150 W Parker Rd 6006 North Fwy

Houston, TX 77076 Houston, TX 77076

281-483-5529 712-694-5570

How to Amend a Will using Codicil

In case any amendments, further clarification or additions are needed to be done to a previously written Will, a Codicil should be used. Sometimes known as Addendum to a Last Will, it is a legal document, registering any major changes in life of a Testator and their effect on arrangements reflected in a Will created earlier. At the same time, a Codicil should not alter entirely the essence of the original Last Will.

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