How To Write a Will

Writing a will may not be something you look forward to—but it’s one of the most important steps you can take to protect your loved ones and your legacy. Whether you’re starting a family, buying a home, or simply planning ahead, a will ensures your wishes are clearly understood and legally recognized. In this guide, we’ll break down how to write a will so you can get started with clarity and confidence. 

Why is Setting up a Will Important?

Setting up a will is important to avoid confusion, minimize disputes, and make things easier for your loved ones during a difficult time. A will lets you decide who inherits your assets, who cares for your children, and how your final wishes are honored. Without one, state laws decide for you. 

Setting up a will is a powerful act of love and responsibility. It’s how you protect your legacy, and the people who will carry it forward. 

How to Start a Will: First Steps

Getting started on your will may feel overwhelming, but you can begin with just a few thoughtful decisions. Here’s how to take those first important steps:

• Decide What You Want Your Will to Accomplish: Think about the purpose behind your will. Do you want to ensure your loved ones are provided for? Name a guardian for your children? Make specific gifts or charitable contributions? Clarifying your goals will shape every decision that follows.

• Take Inventory of Your Assets: List what you own—from your home and car to bank accounts, investments, and personal items. Having a clear picture of your estate helps ensure nothing gets overlooked and that your wishes are fully accounted for.

• Choose Your Beneficiaries: Decide who will inherit your assets. These could be family members, friends, or organizations you care about. Be specific, and consider naming backup beneficiaries in case your first choices are unable to receive what you leave behind.

How Do You Write a Will and Testament?

Once you’ve laid the groundwork, it’s time to make your will official. Here are the key elements to include:

• Appoint an Executor: Your executor is the person responsible for carrying out the instructions in your will. Choose someone you trust to handle important tasks like settling debts, distributing assets, and working with the probate court if needed.

• Name Guardians for Minor Children: If you have children under 18, you can use your will to name a guardian. This ensures that, in the event of your passing, someone you trust will be legally responsible for their care and upbringing.

• Make Specific Bequests and Outline Residuals: Specify who should receive particular items—like family heirlooms, jewelry, or gifts of money. Then decide how to distribute the rest of your estate (known as the “residual”). This might be divided equally among beneficiaries or allocated in a way that reflects your values and priorities.

How to Set Up a Will That’s Legally Valid

Creating a will is only part of the process, making sure it holds up legally is just as important. Here’s how to ensure your wishes are properly recognized:

• Writing the Will: DIY, Online, or Attorney? You have options when it comes to writing your will. You can draft one yourself, work with an attorney, or use a trusted online platform like Trust & Will. Our guided process makes it simple to create a state-specific will that reflects your wishes—no legal background required.

• Sign and Witness the Will: To be legally valid, most states require you to sign your will in front of two witnesses. These witnesses typically must be adults who aren’t named in your will. Once signed and witnessed, your will becomes a binding legal document.

When and Why Should I Update My Will?

Your will should grow and evolve with your life. Significant events, like getting married or divorced, having a child, buying property, or losing a loved one, can change how you want your assets handled or who should be included in your estate plan. Even if life feels steady, it’s a good idea to review your will every three to five years to make sure it still reflects your wishes.

How to Update or Revoke a Will

To update your will, you can either create a new version that replaces the old one or add a formal amendment known as a codicil. If you choose to start fresh, your new will should clearly state that it revokes all previous versions. Just like your original will, any updates must be signed and witnessed according to your state’s laws to be legally valid.

Trust & Will makes updates easy. With our membership, you can make changes to your documents as often as your plan allows, so your estate plan stays aligned with your life.

FAQs: 

How Do You Write a Will Without a Lawyer?

You can write a legally valid will without a lawyer using an online platform like Trust & Will. Our step-by-step process walks you through key decisions, like naming beneficiaries and guardians, so your will reflects your wishes and complies with your state’s laws.

Can I Change My Will Anytime?

Yes, you can update your will whenever your life changes. Whether it’s a new child, a move, or a shift in priorities you should keep your will up to date. If you’re a Trust & Will member, you can make changes to your documents as often as your plan allows, keeping everything current and legally sound.

What Happens If I Die Without a Will?

If you pass away without a will, state laws decide how your assets are divided—and who will care for any minor children. This process, called intestate succession, may not reflect your wishes and can create added stress for your loved ones.

What mistakes do people make with their wills?

Common mistakes include forgetting to update a will after major life events, leaving out important assets, or not making the document legally valid. Others miss out on naming guardians or clearly defining their wishes. The right guidance can help you avoid these pitfalls.

Trust & Will makes estate planning simple so you can create a customized, state-specific plan from the comfort of your own home. Take our free quiz to discover which estate plan best fits your needs today, to secure your family’s future.

Is there a question here we didn’t answer? Browse more topics in our learn center, visit our Frequently Asked Questions (FAQ) page,  or chat with our member support!

Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.