Making a will without the hassle of spending for attorneys fees is easy. Generally, anybody could make their own will for as long as all of the formal requisites for the validity of a will are present. The following are the steps in making your own will:
- You will need a paper, a pen, and two witnesses.
- First, demonstrate that you possess the legal capacity to make a will. This means that you have to be of legal age, typically 18 in most jurisdictions.
- Demonstrate that you are of sound mind which means that you are capable of making rational decisions on your own regarding the disposition of your property.
- For a testator to be qualified as “of sound mind” at the making of a will, he must be able to understand the extent of his estate, the objects of his bounty, his legal heirs and his relation to them.
- Write a statement that you have the testamentary intent or the intention to make the document your will until the same is revoked by the testator and to have said document control the disposition of your estate.
- List down your testamentary gifts. These are personal property, which are parts of your estate, which you want top bequeath or give to persons, who are legal heirs or otherwise.
- Be specific in naming the persons to who you want to bequeath portions of the your property. This is intended in order to avoid confusion as to the names of the heirs. Thus, use real names instead of nicknames. Use name suffixes or prefixes such as Jr., Ma., II, III, and so on.
- Take note of the laws on succession of your State. This means that the legitime of your legal heirs must remain to be intact and cannot be given to non-heirs. If the law on succession will not be followed, the will may be declared as null and void.
- Indicate the date of writing of the will. Sign the will in the presence of two witnesses. Said witnesses must also sign the will. In order for the witnesses to be qualified as such, they must be of legal age. The legal heirs may also be witnesses in a will. This is despite the fact that they will receive a portion of the property of the testator by virtue of said will. Other than the legal heirs, strangers may also sign the will for as long as they possess the requirements as set forth by the law.