If you’re in the mood to write a legal will, you might wonder what it needs to contain. Can you write it on the back of a bar napkin? Can you leave your entire estate to your beloved Mr. Snuffles? And do you need a lawyer?
We’ve compiled all these answers (and more!) in the post below.
What Makes a Will “Legal”?
The guidelines are pretty simple. You must:
- Be of sound mind.
- Have two witnesses (usually people who don’t stand to inherit or gain anything under the will).
- Sign and date the will.
So, in our bar napkin example, creating a legal will is possible. However, the court may invalidate it based on the assumption that you were intoxicated at the time it was written or if there is any question over the identity of your witnesses.
The best way to ensure neither poses an issue for you and your will is to have the signatures performed before a notary public. While not required, it can drastically simplify the court proceedings and help speed the case through the system.
Do You Need to File the Will with Some Branch of the Government?
In short? No. As long as you keep it in a safe and secure location, your executor should have no problem during probate.
However, some states allow you to record and file a copy just in case. So, suppose you’re worried about your family trying to modify the document after the fact fraudulently. In that case, you are certainly welcome to file it or leave a sealed copy with your attorney. It depends on your local law and what will make you most comfortable.
Do You Need a Lawyer to Write a Legal Will?
Well, it depends. You may not need an attorney if your will is simple, and no one will contest it after you’re gone. However, if you have multiple beneficiaries, are trying to dictate the distribution of many assets, or establish the guidelines of continued care for a family member (we’re looking at you, Mr. Snuffles), you should hire a lawyer.
In cases like these, the document needs to be very explicit and specific about the treatment and distribution of funds. You don’t want to leave it to chance, or else poor Mr. Snuffles might not even end up with his doghouse.
Let Us Help You Come to Peace with Your Estate
Even if you’re considering doing it all yourself, having a second set of eyes on things never hurts.
For a complimentary, confidential consultation about how to write a legal will, contact the family attorneys at Reeder Law Firm, Cumming, GA.
