The first question most people ask "Is a Will necessary?" The answer is that if the property of the deceased is to be distributed according to his/her wishes, then he/she should have prepared a Will. A Will is the legal declaration of a person's intentions and desires which he directs to be carried out after his death. A Will is not a present conveyance, but is an "ambulatory" one, that is, tentative. It is always subject to change or revocation as long as the maker lives. The Will only speaks from the date of the death of the maker or the testator. Its consummation is dependent upon his death. The Will is one of the most important of all legal document because no other legal document is more likely to be tested by courtroom litigation. Most people make Wills in order to satisfy what they consider are certain moral obligations. With such a moral obligation in mind, the testator attempts to make some kind of provision for the distribution of his property after his death. The purpose of a Will is to enable owners of property to reasonably control its disposition AFTER their death.

Most States have laws which determine how property should descend after death where there is no Will. These are called laws of descent and distribution. If you do not care what happens to your property, then do not make a Will and then relatives that you have not seen for years perhaps, will come in for a share, rather than your spouse or children or those that you wanted to receive your property.

Serious consideration should be given to what he/she wants done with his/her property after death. He/She should know what property they have; should consider the relatives he has and who might later claim to be relatives. Consideration should be given to what would happen if one of his intended beneficiaries died before he does; and whether or not he wants the benefits to go to the children, or to the heirs of that decedent, or would he want the property to go to someone else. Consideration should be given to whether or not certain children or grandchildren or certain other relatives should be left out of the Will. An explanation should be put into the Will in order to get around any possible future law suits from those left out.

The person making the Will must be of full legal age (21 or 18 as the law of the state might be) and must be of sound mental mind.

Some general ideas that can be placed in a Will and which in fact have been made parts of valid Wills are forgiveness of a debt; a provision for the payment of debts; leaving an entire Estate to a wife or to a particular person; carrying on or liquidating a business; the deliberate omission of certain designated relatives; a reward for kindness; the nomination of an Executor or Trustee and naming the compensation therefore; the naming of a substitute Executor Trustee; a request for burial provisions; a request for cremation; a request for a mausoleum, a request for an inscription on a monument; a request for perpetual care of a cemetery lot; a specific disinheritance clause; a statement that the filing of a claim against the Estate may cut off the benefits; a provision for the support and maintenance of a former spouse who is now divorced; a gift to an intended spouse; a statement as to the definition of "next of kin"; a statement as to the remarriage of the spouse are just to name a few.

A Will may be revoked and a Will may have a Codicil (an addition) The Codicil must be executed as properly as the original Will.

In closing, the best way to draft a Will would be to consult with an attorney within whom you have confidence.