How to Make a Valid Last Will & Testament

While most state laws don’t have a specific form of last will & testament, all of them have laws which set out the minimum elements required for a last will and testament to be deemed a valid will (or a legal will).

In order to make a valid last will & testament, the flowing elements must be complied with:

• It must be made by someone who has reached the age of majority in his or her state.
• It must be made by someone voluntarily and without pressure from any other person.
• It must be made by someone who is of ‘sound and disposing mind’.
• It must be in writing (normally).
• The will must be signed by the testator in the presence of two witnesses or, in the case of wills executed in the state of Vermont, two or more credible witnesses.
• The last will & testament must also be signed by all the witnesses in the presence of the testator (after he or she has signed it) and in the presence of each other. A beneficiary under the last will and testament or the spouse of such a beneficiary should not act as a witness to the signing of the last will and testament. If such a beneficiary or the spouse of such a beneficiary act as a witness, the gift to the beneficiary under the will shall be deemed to be invalid, although the will itself will remain valid.
• It include an attestation clause.

In the state of Louisiana, a notary must notarize the last will & testament. However, while not necessary, notarization is recommended to help ensure wills are more easily admitted to probate.

How Can EstateBee Help You?

For more information on wills, check out some of our other articles on wills in our Learning Center.

If you would like to make a last will and testament online, check out our Online Will Writing Software. Its free to try and you can make a will in as little as 10 minutes. It’s also one of the leading estate planning softwares on the market.

Alternatively, if you would prefer a more in-depth understanding of wills and to learn how to make your own, check out our Legal Will Kit. It includes a plain English review of the matters you need to consider when making a will, and includes all of the instructions and template forms necessary to make your own will. It will show you how to leave money and property to your loved ones, avoid intestacy, appoint guardians for your children, save on legal fees and probate, much more.

If you have any questions about our products or services, please contact our  customer service team who would be delighted to assist you.

Related reading: Will Signing: Witnesses, Notaries and Self-Proving; Signing a Will: Witnesses and Execution Checklist; After Downloading Estate Planning Documents.

Prepare your will with completion guidance beside you

Prefer guided questions? Prepare a personalised last will with our online document generator.

Create your last will online

You are free to draft your own will without hiring a lawyer or legal advisor. If your situation is not a complicated one, and you simply want to make gifts, appoint guardians and executors etc under your will, then preparing your own will should not be very difficult provided that you have some good self-help materials to hand. However, if your situation is complex or is unusual in some way, you should, at the very least, consult a lawyer.

From Legal Will Kit, 2026 Fourth Edition — Making Your Will.

Prefer a downloadable guide? Work at your own pace with nine will templates, a planning worksheet, and completion and signing instructions. Use the guide to organise gifts, beneficiaries, executors and guardian choices.

U.S. guidance; not intended for Louisiana. Complex circumstances may need individual legal advice.

View Legal Will Kit — 2026 Fourth Edition PDF download