A will, more formally known as a last will and testament, is a legal document setting out your desires and intentions regarding the distribution of your real and personal property after your death. It is your last will and testament that determines how, when and even why you want your property apportioned between your relatives, friends and charities.

As a general rule, both the courts and your heirs are required to honor the wishes you have expressed in your will regarding the distribution of your estate. There are some exceptions to this rule when it comes to spouses and children – which we will discuss in a future article.

In addition to being able to set out who receives your property, your last will can also be used to appoint one or more people to act as the executor of your will. Your executor will be responsible for carrying out the instructions left if your will after your death including distributing your estate, dealing with the payment of taxes and debts and generally winding up your affairs.

Without a will, decisions as to how your estate will be distributed and who will act as executor of your estate will be made by the probate court in accordance with your state’s intestacy laws (that is the laws that apply where a person dies without a valid will). The decisions are based on state and federal law so if you want to make these decisions yourself, it’s best to make a will.

Another benefit of having a will is that you can nominate someone to be the guardian of any minor children you have. While the court is not obliged to follow this particular instruction, it does have significant persuasive authority in helping the court make a decision about guardianship.

The author of a last will & testament is known as the ‘testator’ as he is “attesting” to his wishes as set out in his will. The term ‘testator’ has become gender neutral over the years and now refers to both male and female will makers. That said, it is not uncommon to see the female designation of the word (‘testatrix’) used, particularly in older wills.

A last will and testament is a fundamental part of estate planning and features in the vast majority of estate plans. We highly recommend that you make a will and would be happy to answer any questions you have in that respect.

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 prefer a more in-depth understanding of wills and to learn how to make your own, check out our book How to Make a Last Will & Testament. “Make Your Own Last Will and Testament” 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.

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