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For a Will to Be Legal, Here Are the Key Items That Must Be Included
Writing a will might feel overwhelming, but it’s one of the most important things you can leave behind. It ensures your wishes are followed, your loved ones are cared for, and your legacy is protected.
But here’s the most important thing to note: not all wills are legally valid.
If key elements are missing, your will could be challenged—or even ignored—leaving your family with confusion and potential conflict.
If key elements are missing, your will could be challenged—or even ignored—leaving your family with confusion and potential conflict.
To make sure your will is legally sound and carries the weight it needs to, here are the essential components it must include:
1. Your Full Legal Name and Statement of Intent
This includes
Your full legal name (and any other names you’re known by)
A declaration that this document is your final will and testament
A statement that you are of sound mind and writing this voluntarily
This helps prevent disputes and confusion.
2. Revocation of Previous Wills
If you’ve written a will before, include a line that revokes any previous versions. This makes it clear that the current will is your most up-to-date and legally binding version.
3. Appointment of an Executor
This is the person who will carry out your wishes and manage your estate. Choose someone trustworthy, organized, and capable of handling both paperwork and emotional dynamics during a difficult time.
4. Details of Beneficiaries
Clearly name the people (or charities) who will receive your assets. Be specific with names, relationships, and what you’re leaving to each one. This avoids ambiguity or unintended exclusions.
5. Guardianship for Minor Children
If you’re a parent, this is one of the most crucial sections. Name the person(s) you trust to care for your children if something were to happen to you. Without this, the decision may be left to the courts.
6. Assets and Property Distribution
Outline what you own and who you want to receive it. Include the following:
Real estate
Bank accounts
Investments
Personal belongings and heirlooms
Digital assets and subscriptions
The more thorough, the better.
7. Your Signature and Date
You must sign the will (with the date) to make it valid. This confirms that you understand and approve of everything written.
8. Witness Signatures
Most jurisdictions require two witnesses who:
Are not named as beneficiaries
Watch you sign the will
Sign it themselves in your presence
This step is critical to avoid challenges to your will’s legitimacy.
Important Note: A will may be declared void if:
There are certain ‘treatments’ of a will not upheld. These include:
- Removal of Staples. Never remove staples or bindings from a signed will. If staples ever must be removed (e.g., for scanning), document it and have a legal professional witness the process.
Incomplete photocopies. If a copy is needed, photocopy it with the staples in place.
Lost. Store the will in a secure, clearly marked location.
Dogs ear on a corner of the page. If a Will has the corner of a page folded down, this may suggest tampering with the will. Be sure to keep the pages in pristine order and not creased or pages folded in any way.
Will Templates
Basic Will Template
Simple will for individuals.
Couple Will Template
Joint will for couples.
Single Parent Will
For single parents with children.
Guardian Will Template
Assign a legal guardian.