Your last will and testament needs to be printed or typed. Handwritten wills can be legal, but they can be subjected to legal challenges more easily that printed/typed wills. At the top of the will, place the document title in all caps: LAST WILL AND TESTAMENT. Below that title, you need a basic declaration of who you are. This includes your full name, your address, your date of birth and the following statements: you are of sound mind; you are revoking any prior wills; you are not being forced to write the will. All wills require two witness signatures affixed alongside the will author's signature. While it is not necessary to have a will notarized, it is strongly suggested.
Name an executor. The executor is the person made responsible for carrying out the terms of the will. Most often, the executor is a surviving spouse. Sometimes it is a close friend. If there is one main beneficiary, that may be the best person as an executor, because she will be motivated to execute the will. For complex wills, some people choose to hire an estate attorney as the executor. Designate an alternate executor in the event your first choice dies when you do. Give details about the executor that leave no doubt as to identity.
If you have minor children, it is very important that you name their guardian. Again, give details about the named guardian to ensure there can be no challenge about identity. It is very unusual for surviving parents not to be the guardian. But if this will be the case, consult an attorney about the reasons for denying guardianship to a surviving parent. If the guardian is not a parent, consult the prospective guardian and obtain her written consent to perform this role. If the guardians are a couple, list both names.
Name all beneficiaries in conjunction with what they specifically are to receive. Again, give enough information about each to ensure no reasonable challenge about their identities. If a surviving spouse is not the principal beneficiary, or if a spouse is written out altogether, the will could be successfully challenged. If this may be the case, enlist the aid of a lawyer to draft your will. Disinheriting a spouse is a difficult legal hurdle. List contingent beneficiaries. Contingent beneficiaries are beneficiaries who will inherit if the primary beneficiary is unable to inherit. For example, if the spouse is a primary beneficiary, but he is killed in the same automobile accident as the will's author, then a contingent beneficiary is the person who will get the inheritance in his stead.