Components of a will

A will is a powerful document because it communicates your wishes when you’re no longer around to speak for yourself. In addition to distributing your belongings, a will is a guiding document to provide an alternate home for your children, describe final arrangements, leave a legacy and more.  

Before you dive in, it can be helpful to know what you’re in for. We’ll break down the most common components of a will, step by step.

Should I make a will?

You can legally make a will as soon as you’re 18, and even earlier in some cases (e.g., in certain states, or if you marry before 18).

One purpose for a will is to communicate your wishes for what to do with property and dependents like children if you pass away, rather than leaving the plan to the state. A will is a legal document, and a court uses a valid will as an important tool to distribute a person’s estate.

The main downside of a will is that it goes through a legal process called probate. Probate goes through the court system, meaning it can take some time and fees to settle your estate. Wills and probate records also become public record, so theoretically, your ex or old frenemy could look them up to take a peek. One way to avoid probate for some assets is to set them up as payable-on-death (POD) accounts which can transfer to a beneficiary outside of the probate process.

If you mainly have POD accounts, few sentimental items and no children, a will might not feel as pressing (although it can still be helpful to complete a legally valid will). But if you have people who depend on you and specific wishes for how to handle special possessions or your final affairs, a will becomes more and more essential, even if some belongings don’t have to go through probate.

Main parts of a will

A will can be a highly individual document. You can personalize various aspects of it and add sections that are important to you. That said, there are a few elements to include to make sure your will covers the essentials and will be legally valid. These are the main components to include in your will.

Personal information and declaration of will

One of the first steps in the court process is validating the will. Your will should contain your full legal name, address, marital status and other personal information. You’ll also include language to revoke any previous wills and make this the definitive document, and attest that you’re of sound mind and not writing the will under duress from someone else.

Guardian

If you have children, your will is an important place to name your preferred guardians for them. One caveat: While the court will generally try to honor the wishes you express in the will, the best interests of the child come first. The court can appoint a different guardian if the person you’ve chosen isn’t able or willing to fulfill this role.

As with any arrangements where kids are concerned, communication is key. Talk to your preferred guardian about your plans to name them in the will. If they agree that they feel willing and capable of stepping up to the responsibility if needed, you’ll feel more confident that things will go according to your wishes.

Bequests

Bequests are specific instructions for how to distribute your property. People who receive a bequest in your will are called beneficiaries. You can leave instructions for who will inherit anything from major financial assets to small, sentimental items.

When you’re preparing your will, keep in mind that a will is not always the final word. A life insurance death benefit, for example, goes to the beneficiary you’ve named on the policy, even if the will says something different. POD account beneficiaries also typically supersede a will, so update any accounts accordingly.

Executor

While your will contains your instructions and preferences, you also need a person who can act to carry them out. An executor is the person in charge of handling your estate, settling taxes or debts and making sure the bequests end up with the people they’re meant for.

You can have an attorney act as your executor, or you can name a family member or friend to do it. An executor is entitled to compensation for the work, and the exact amount varies by state. Like with a guardian, it’s a good idea to talk to a potential executor in advance to check that they’re up to the task.

Signature and witnesses

In order for your will to be legally valid, you need to sign it in front of two witnesses. A witness can be almost anyone, as long as they’re over the age of 18 and not a beneficiary in the will (or married to one). A neighbor, acquaintance, attorney or anyone else without a conflict of interest may be able to act as a witness.

Someone who is blind or otherwise visually impaired so that they can’t physically see you sign the will may also not be recognized as a valid witness. (People with visual disabilities can legally sign their own wills, though, and a legal professional can help explain any necessary processes.)

You don’t need to get a will notarized in order for it to be valid in most cases, but it can be helpful in certain circumstances. If you’re interested in having your will notarized, check laws in your state to see if you need to wait to sign the will in front of the notary public.

Other elements to include in your will

Making your will your own can go further than the options on a will’s basic template. Here are a few aspects to consider that can reflect your life and wishes.

Rehoming pets

Pets are considered property, not dependents, so it can take a little creative planning and plenty of communication to plan for their care after you’re gone.

You can leave a pet to a particular person to care for. As you can imagine, giving that person a heads-up is a good way to make sure you’re on the same page. Taking on an animal is a major commitment, especially because some pets can live 30-50 years or more (e.g., birds, snakes, turtles).

You can leave money and mention in your will that you’d like to earmark it for your pets’ care, but that may not be enforceable. Talk through plans with loved ones and an estate planning professional to find the best way for you to provide for your pets.

Special bequests

When it comes to specific gifts, especially sentimental items, the more specific you can be, the better. Instead of, “I leave my wedding day jewelry…” it might be clearer to list out, “I leave my diamond stud earrings, crystal choker necklace and engagement ring to….”  

If you want to dedicate some funds to establish a scholarship or memorial fund, you might want to include eligibility criteria or details about who you’d like to help (e.g., high school seniors in your community).

Funeral requests

A document outlining your funeral preferences may be a supplemental form you keep along with your will. Instructions about distributing your property are legally binding (if they aren’t superseded by another account’s beneficiary designation), but final wishes forms aren’t. Still, in many cases, families try to honor a loved one’s wishes when they can.

This is a good place to indicate if you’d like to be buried, cremated or have your body donated to science. You can mention specific readings or pieces of music you’d like to include at a service. You might even have preferences about what you’re buried in or what you have with you (e.g., wearing your wedding band, or holding a favorite book).

Special requests

Maybe you’ve worked in secret on paintings or poems. Maybe you have a large social media following and would like a loved one to announce your passing. Your will can help you tie up any unusual loose ends.

Most wills won’t have a built-in template to note if you want your unfinished novels destroyed by steamroller or bound to share with your kids one day. That doesn’t mean you can’t write your own instructions and include them with your will. A document with passwords and any special instructions for digital assets like social media profiles or websites you run can come in handy for loved ones.

Writing a will can help give you peace of mind and clarity to your loved ones after you’re gone. When you’re ready, you can create a will for free online with Fabric or consult a lawyer to talk through more complex plans or estates. However you choose to make a will, the main focus is having a valid document that can help your voice be heard even after you’re gone.

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