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What You Need to Know to Write a Last Will and Testament 
 
by Robbi Erickson September 20, 2005

What Needs to Be Included in a Will

There are several things that you will need to address in your will. First you will need to make a statement of your last will and testament at the beginning of your will. This should identify who you are, that you are of sound mind, and that you wish that this document be a legal representation of how you want your assets to be divided, and how you wish your final debts and taxes to be handled.

Example Clause: This is the last will and testament of John Simon Doe, August 18, 2010. It contains my wishes for the handling of my estate in the event of my death, including how my assets should be divided, who should care for my minor children, and how my final debts and taxes should be paid.

The second clause in your will should identify the Executor of your will. This person will act as your agent, and they will be required to follow the instructions provided within your will regarding to how your estate is to be divided, and how legal issues should be handled. This clause may identify as many people as you wish, however, to avoid conflicts and confusion you should select an Executor that is capable of handling the responsibilities associated with this position, and who will also follow your wishes.

Example Clause: For the purposes of executing my will I name Jane Elizabeth Doe as the Executor of my last will and testament. (You may want to include contact information within this clause as well, to help in locating the person upon your death.)

The next issue that you will want to address is guardianship of your minor children. You will need to first identify who the minor children are and then identify a person, or people, to act as legal guardians of your children until they are 18 years old. If the living parent is not identified as the legal guardian, you will need to include a statement that explains this decision in case that the living parent contests the will and files for custody.

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