What Should You Include in Your Will?

Of all the things you can do to protect your family and property, estate planning is one of the most important. Wills typically make up the foundation of an estate plan. These legal documents can ensure that your wishes are respected, your loved ones are taken care of, and that possible disputes are limited. However, if you are not familiar with the process of writing a will, it can feel overwhelming. Below, our Utah estate planning attorney outlines the most important provisions to include in your will.

Your Personal Information 

Of course, your will should clearly indicate that you are the testator, or the individual who is creating the will. You should also include other personal information such as your full legal name and your date of birth and address. This will ensure there is no confusion. You should also state that the document is your will and that it revokes any previous wills or codicils, which are changes made to a will. This can help you avoid conflicting instructions and confusion.

Your Personal Representative 

Your will should also clearly specify who you appoint as your personal representative, often referred to as the executor of your will. Your personal representative will ensure that your debts are paid, your wishes are respected, and that the property within your estate is distributed according to your instructions. It is imperative that you choose a personal representative who is trustworthy, responsible, and capable of handling legal and financial matters.

Guardian for Minor Children 

If you have minor children, one of the most important provisions in your will is a guardian who will care and provide for them if you pass away. Being appointed guardian is a big responsibility, so it is important to speak to the people you are considering to ensure they are willing and able to step into the role, if necessary. If you do not name a guardian, the court will appoint one and that decision may not align with your wishes.

Distribution of Property 

Your will should clearly outline all of your property including your vehicle, home, and other personal belongings. You should also clearly indicate who you want to receive this property after you pass away. It is important to be as specific as possible. For example, instead of stating, ‘I want my children to receive my jewelry,’ you should name your children and outline what specific pieces of jewelry you would like them to receive.

Witnesses and Signatures

In order for a will to be legally valid, you must sign it in the presence of two witnesses. The witnesses must also sign it in the presence of you and the other witness or witnesses. Witnesses must be at least 18 years old and of sound mind. All signatures on the Will must be notarized.

Our Estate Planning Attorney in Utah Can Draft Your Will 

Drafting a will seems straightforward but the smallest mistake could result in it being deemed void. At AGS Law, our Utah estate planning attorney can draft your will, ensure no mistakes are made so your wishes are fulfilled. Call us now at 801-477-6144 or chat with us online to schedule a consultation and to get the legal help you need.

Source:

le.utah.gov/xcode/Title75/Chapter2/C75-2-P5_1800010118000101.pdf