How to Write a Rock-Solid Will

Many people choose a spouse, adult child, other relative or close friend, but you may also be able to hire a professional, such as an estate attorney or financial adviser, to serve as executor. It’s a good idea to name an alternate or backup executor in case your first choice dies or becomes unwilling or unable to perform the duties.

Your will should spell out the executor’s powers. “Some wills just say all the powers under state statute, but that can undercut your intentions,” Stidd says. “If the executor needs to sell property or continue a business, they might not be able to unless that power is specifically set forth in the will. So the executor has to then get permission from a judge, delaying or extending the amount of time that the estate is in probate.”

Select heirs

Specify all the people you would like to be a beneficiary of your estate and what, specifically, you want them to inherit. Do you want your estate to be divided equally among your children? Do you want everything to go to your spouse? Do you want your cousin to inherit your collection of rare coins that they’ve always admired?

Make sure the wishes you set in your will don’t conflict with the beneficiary designations you’ve made for retirement accounts and life insurance policies, as the beneficiaries selected for these assets could override what’s written in your will. 

Appoint a guardian for minors

If you have minor children (typically under age 18), select someone to care for them in the event you die or become incapacitated. Although the court has final say on guardianship appointments, the judge will typically honor your choice unless they believe it’s not in the best interest of the child.

Discourage fighting among surviving family and friends

Even with good intentions, your estate decisions could drive a wedge between your loved ones, potentially leading relatives or friends who feel slighted to contest the will when you die, says Katherine Sheehan, managing director and wealth strategist at Crestwood Advisors in Boston and a member of the National Association of Estate Planners & Councils’ board of directors.

“Unfortunately, there is nothing you can do to prevent someone from running to the courthouse. Anyone can go complain, even if it has no merit,” she says. “But what you can do is have the best estate plan possible. Because if a claim has no merit, it’s not going to go anywhere.”

Incorporating the following into your will can help deter challenges to your estate’s distribution:

No-contest clause. With this stipulation, anyone who challenges the will and loses forfeits the inheritance they were entitled to. This may make heirs think twice about disregarding your wishes (although it might not disincentivize someone who stands to receive little or nothing and therefore has little to lose from contesting it). No-contest clauses are valid in every state except Florida.

Mandatory arbitration clause. This requires heirs to try to resolve disputes through mediation or arbitration, which can keep the matter out of court, Sheehan says.

Tangible personal property memorandum. Sheehan says she’s seen some of the worst family fights break out over who inherits sentimental items of little monetary value. She recommends creating a tangible personal property memorandum, a document referenced in your will that specifies the intended recipient for each possession you wish to pass on. In many states, the memorandum is legally binding, meaning the executor must follow it, Sheehan says.

Doctor’s note asserting testamentary capacity. To prevent disgruntled heirs from raising doubts about your mental capacity during your will’s creation, Stidd recommends obtaining a doctor’s note confirming you were of sound mind when you crafted and signed it. She says this is especially important for older adults with memory issues.

Self-proving affidavit for witnesses. Generally, for a will to be valid, it must be signed by two witnesses who stand to receive nothing from the estate. For additional security, Palmer says the witnesses can sign a self-proving affidavit before a notary, affirming that the will is valid and that neither you nor the witnesses were coerced into signing it. This can reduce the chances that your witnesses will need to testify in court to validate the authenticity of your will, which can be helpful if a witness dies or develops dementia or Alzheimer’s before you die.

Follow state law to the letter

Each state sets its own laws regarding wills and the probate process, which means drafting and execution requirements can vary. For instance, Florida requires executors to be either family members or state residents, and Louisiana (alone among the states in this scenario) requires that wills executed there be notarized. Miss a component that’s necessary in your state and your will could be invalidated.

Due to the differing rules and the complexity involved in adhering to them, consider working with an estate planning attorney who is licensed in your state. While do-it-yourself tools like estate planning software and online document websites can help you draft a will, they could fall short on state-specific requirements, Sheehan says.

Convey your wishes to your heirs

Keeping your estate decisions from heirs can set the stage for feuds and legal drama after you die. Sharing your wishes with loved ones while you’re alive gives you an opportunity to explain the motivations behind your choices of who will inherit what.

“It’s important for beneficiaries to understand why you did what you did because that prevents hurt feelings, that prevents litigation, it gives them an explanation,” Stidd says. “Even if they don’t agree with your decision, I’ve seen it help more than I’ve ever seen it hurt.”

If a conversation with your heirs proves too difficult, Stidd suggests writing a letter expressing your rationale and having your executor give it to them after you die.

Don’t set it and forget it

Even among the quarter of Americans who’ve taken the time to make a will, many treat it as a one-and-done task: Twenty-three percent never revisit their will, and 15 percent go five years or longer without an update, according to the Caring.com study.

Having an outdated will can be just as problematic as having no will. Major life changes such as marriage, divorce, the birth of a child, a home purchase, a large inheritance, moving to a new state, or the death of a chosen heir or executor can significantly alter how you want your estate handled. Stidd recommends reviewing your will at least once every three to five years and revising as needed. 

“A will is meant to last a long time, but things can change,” Palmer says. “An heir may have died, or you may have had a huge falling out with your brother and no longer want to leave them something.”