Last Will & Testament, Complimentary Will Template

Brad Smith • March 23, 2020

Writing your will is a strenuous process and deciding the content is even more so than constructing the final document.

Various small details and important decisions need to be considered as it is going to affect your family, business, and assets. However, it is important that you write your will and don’t leave these matters to the state. There are a few things that you should think about before you write your will.

Nominating Guardian for Minor Children

In case your partner is unfit or has passed away, you should nominate your child’s guardian in your will. Doing so, you keep the authority in your hand and the state can’t make the decision for you.

In your will, nominate your first and second choices for a guardian and answer the following questions about your nomination:

The relationship between the adult and your child?
What makes you believe this adult can provide constant care?
Is the adult morally fit to take care of the child?

Before naming the potential guardian, discuss this decision with them. Carefully appoint the co-guardians, preferably a stable couple.

Selecting Beneficiaries and Your Personal Representative

Your spouse, children, extended family or charities are the most common beneficiaries. If you’re married, your assets normally go to your spouse after your death. Yet, it’s necessary to plan for what if circumstances. In case you are remarried, you may not want your assets to go to your new spouse but to your children instead. You should write such wishes, so they are honored when you’re gone. Be mindful of the property you own and what is shared as you can only give away your portion of shared property.

You should trust the judgment of the executor (also known as “personal representative”) you appoint for your will. Appointing family members may be cost-saving but your will may not be executed properly as they will be already coping with the loss. Hence, it is advised you don’t appoint family members as executors. Make sure your executor is trustworthy as his responsibilities include notifying government agencies of the death, locating beneficiaries, handling the probate court process, etc.

You can organize the records, make a checklist and share the location of important documents (including appraisals, warranties, passwords to the bank, email, and other digital accounts) with the executor to make the process easier and understandable.

Additional details that your will should cover are:

Instructions for handling your digital accounts
Personal property details along with beneficiary names
Property maintenance directions
Nominating caretaker for your pets

Final Considerations

To write a will, your mind should be capable of answering the following questions

What is a will?
Who are your beneficiaries and what is their relationship with you?
What property and how many assets you own?
How to distribute your property to beneficiaries

Avoid including assets such as annuities, life insurance, and retirement policies in your will as beneficiaries are already appointed for these.

Download our Complimentary Will Questionnaire Here!

< Older Post

Newer Post >

Interested in Working With Us?

If you need help with estate planning or any other legal concerns, we are here for you. Don't hesitate to contact our firm directly for assistance. Our dedicated team is ready to provide support and guidance to you and your loved ones during important life transitions.

Whether you're ready to schedule a strategy session to discuss your specific needs or if you're interested in exploring our wide range of complimentary guides and additional resources, we encourage you to get in touch with us.

With licensed attorneys and offices located in both Illinois and Missouri, we are well-equipped to serve clients in these regions. Reach out to us today and let us leverage our expertise and care to guide you through the legal process.