will writing service meaning

How To Write A Will Without A Lawyer

Updated: Jul 25, 2024, 7:22am

Table of Contents

Four ways to write a will, how to write your own will, frequently asked questions (faqs).

Writing a will can be uncomfortable, requiring you to reflect closely and clinically upon your own mortality and the value of your possessions after you’re gone. Once it’s complete, though, a will is one of the most important documents you will ever create. Wills ensure your last wishes are respected in your absence. But how do you write a will? While the obvious—and most expensive—option is to visit an attorney, there are other options available. Here’s what you need to know.

There are several options to write a will. We’ll take a close look at each so you can decide what works best for you:

Use an Online Paid Service

Similar to companies that provide LLC or registered agent services, there’s no shortage of online will service providers on the market. Online paid services usually advertise as Estate or Trust Planning. Writing a will is typically only one of myriad services provided by companies like these, which may mean these outfits present a good choice for those looking to create powers of attorney, trusts, or other estate planning documents.We advise only using a company like this if its work will be well-reviewed by professional attorneys to ensure documents will pass legal muster. Be sure to read customer reviews before making a commitment. Depending on the company and services desired, fees can range from a flat fee to a monthly subscription to entirely free use of online templates. Any extra perks offered—like outside legal support, mailing of documents or the easy ability to make future changes—can vary greatly between companies. Some may also require you to download additional software in order to write your will.

Trust & Will

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Use an In-Person Paid Service (Lawyer or Attorney)

Hiring a lawyer or attorney to write your will is the traditional route most people follow, and for good reason: having a professional closely assist in your process can offer a level of reassurance you’re unlikely to find elsewhere. In-person services are expensive and time-consuming compared to other options. Depending on where you live, finding a professional you trust can be difficult. It is, however, a good idea to consult a lawyer if you have a large estate, complexities such as property in multiple states, or questions about Medicaid planning or trusts.

Purchase a DIY Template or Kit

You can order a DIY Will Kit over the internet, and even find them on the shelf in some brick-and-mortar stores. These kits come with all the guides, templates and examples you need to write and legally validate your own will. You can find kits matching your country of citizenship to simplify the process regardless of location.

The prices of kits are comparable to or cheaper than using an online paid service, but these kits typically offer only generic wills (e.g., simple wills ), so if you know your estate planning is complex or you have plentiful assets, you should consider a paid service to offer you direct support.

Write Your Own

Writing a will might sound daunting, but if you have a straightforward estate, it’s surprisingly easy. You should have some familiarity with legal language before attempting to write a will. If you use a DIY kit or template, much of this will have already been done for you. If you choose to write it entirely yourself, brush up on any legal requirements of your state and country before you do anything else. Each state and country may have different laws surrounding wills and estates and your document more than likely must meet these standards before it is considered valid.

Handwritten wills are known as “ holographic wills .” Holographic wills are not accepted in every state and can easily be ruled invalid by the court. Because of this, we do not recommend handwriting the final draft of your own will.

With some careful planning and preparation, it’s entirely possible to write your own will. Below is a list of the essential information you will need to include in your will.

(Please note that this list assumes you have a simple and straightforward estate and consequently want to write a simple will. If you have a complex or large estate involving many moving parts, this guide may not be useful to you. Consider instead the benefits of hiring an estate attorney.)

Essential Information

• Write a title. It’s easy to overlook such a simple detail, but it needs to be clear to anyone who picks up this document that it’s your last will and testament . Make sure you include your full legal name somewhere near the beginning of your will. If you have made previous versions of your will, be sure to also mention that your most current document invalidates any previous ones. Include any other names you’ve used.
• Name the executor of your will. This is the person responsible for making sure your estate is distributed and settled according to your will. Choose someone you trust. You may also want to choose a back-up executor to be safe.
• Name a guardian for any minors. If you have children or are the guardian of any minors, name a guardian. This person takes full legal and physical custody of your children after your death. Guardianship typically passes automatically to any surviving parent as long as the parent can be deemed competent.
• Organize and inventory assets. Assets are any possessions clearly belonging to you or that are titled in your name. Personal belongings, pets, property and cash are all considered your assets. Take the time to clearly describe each asset such that when the executor is transferring the asset to its named beneficiary there is no question about its identity. Be sure to check with your state about which assets you cannot include. Trusts or investment accounts, for example, are often not considered part of your simple assets and pass directly to the beneficiaries you have named on those accounts..
• Name the beneficiaries. For each asset, name a beneficiary—the person, profit or non-profit organization or other entity to receive your asset(s) once you pass. You can choose one or many. If there is anyone who should not receive the asset in question, be sure to name them as well.
• Write your residuary clause. A residuary clause covers everything not left to a specific beneficiary and either not adequately described or anything forgotten when you wrote the assets section of the will. You can choose to leave these “remainders” to a beneficiary or leave it to your executor to handle. Don’t overlook the importance of this clause; it’s unlikely you’ll remember everything you own, especially if this is your first pass at a will. Having a residuary clause is a decent enough fail-safe to let you sleep at night.
• Sign your will with witnesses. Check with your state requirements before signing, as different states have varying requirements regarding the number and identity of witnesses. Some states may also require you have your will notarized. No will is legally valid until it has been signed before witnesses.
• Store your will someplace safe and update it when necessary. Let somebody—usually your executor—know where to find the most recent copy of your will. Be sure to revisit and update it whenever you experience a big life change: moving (especially because your will may not meet the laws in your new state or country), a large purchase or property investment, a marriage, divorce or death and even your children reaching adult age are all occasions to review your will.

It may also be a good idea to set aside a regular time, perhaps every other year or so, where you review your will even if no big changes have happened in your life. You may be surprised at what assets you consider important enough to describe two years in the future. Likewise, your opinions on beneficiaries and desires regarding asset division may change. At the least, it is a good way to continue thinking about the future.

Forbes Advisor Small Business Managing Editor Rob Watts and contributor Chauncey Crail contributed to this article.

Can I write a will by myself?

Yes, you can write your will by yourself. Make sure you fully understand the language and legal validity requirements of your state or locale. Refer specific questions to an estate attorney. As long as you follow these guidelines, you can easily write your will from scratch or with the help of a DIY kit or template.

Can I write a will for free?

Yes. It is possible to write your will for free. You can choose to write your will from scratch or you can find a free, reputable online service to help you. Some DIY will kits and templates may also be free and available online for no-cost download.

What are the differences between a will and a living trust?

A will is the final division of your assets to whomever you designate after you have passed away. Although these usually have everything specified in them, there are sometimes legal issues, such as contests of the will by family members, that can drag the process through the probate court system and it may be several months or years before your assets are finally distributed,

A living trust makes it possible for you to transfer property and assets to your chosen beneficiaries without going through the probate process, saving your loved ones money and time. This also keeps your estate out of the public record. If your will is probated, it becomes part of the public record.

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Jane Haskins practiced law for 20 years, representing small businesses in startup, dissolution, business transactions and litigation. She has written hundreds of articles on legal, intellectual property and tax issues affecting small businesses.

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How to Write a Will: 7-Step Guide

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In some states, you can write a valid will yourself on a piece of paper [0] Cornell Law School . Holographic will . View all sources . However, if you have kids, property or assets, you’re probably better off using estate-planning software or working with an attorney .

Depending on your assets and family situation, there are several factors to consider when drafting a will. This essential estate planning step can spark conversations about the possessions you value and the legacy you want to leave, so it’s important to take the time to walk through the process.

1. Account for all possessions

Everything you own, from physical property to financial accounts, is part of your estate. Assets you’ll include in your will include real estate, vehicles, valuables and other personal property.

However, wills don’t include any assets that are held jointly with another party or accounts that have a named beneficiary such as a retirement or life insurance account.

Even if you intend to leave your entire estate to a single heir , creating a comprehensive inventory is important to ensure that none of your assets end up in the wrong place, such as an old workplace retirement account that lists your ex-spouse as the beneficiary.

» Mores: Estate-planning checklist

2. Determine distribution

It can be helpful to separate bequests into categories to first take care of your beneficiaries’ needs, then consider sentimental gifts.

Start with larger assets such as property and accounts. If you want to explain your choices — leaving less to one child because you supported them financially for longer, for example — write a separate letter to your beneficiaries so you can keep the language in your will clear and precise.

Talk with family and friends to learn who would most appreciate certain belongings and record which items should go to whom. 

Double-check the beneficiaries listed on your bank accounts, life insurance policies and retirement plans. Beneficiary designations override the wishes outlined in your will, so make sure your designations are aligned.

3. Think about your children

If you have minor children, you will need to decide who will take care of them once you're gone. This means naming a guardian in your will in the event that both you and the other parent are not able to care for them. If you don't appoint a guardian, your state court will have to appoint one without your input [0] Cornell Law School . Guardianship . View all sources .

4. Name an executor

An executor ensures that the directions in your will are carried out after your death. You can choose a family member to be your executor, but if you’re concerned about their ability to handle your estate during a difficult time, you can name your lawyer or an institution such as your bank.

» How does your executor distribute your estate? Learn about the probate process

5. Factor in fees

If your executor is an institution or an attorney, they’ll likely charge a fee to handle your estate. If you select a friend or family member, you'll need to decide whether or not to pay that person for their services. Executor fees are paid out of your estate.

6. Make your will official

In most states, you’ll need to sign your will in front of at least two witnesses [0] Cornell Law School . Wills: attestation requirement . View all sources . In Colorado and North Dakota, you can have your will notarized instead of witnessed. Louisiana requires wills to be both notarized and witnessed [0] Louisiana State Legislature . Requirements of form . View all sources .

Store a hard copy of your will in a safe place, which could be a fireproof safe in your home or office or a bank-safe deposit box. Be sure to back up the digital version, too. Let your spouse, executor or a trusted friend know where your will can be found.

7. Update as needed

As your life and your heirs’ lives change, you may want to change your will. Did you sell an asset you had planned to leave to a child? Decide what you'll bequeath instead. Did a potential heir die before you? Choose a new recipient for the items you planned to leave to them.

Don't put off such updates; the court and your executor can't confirm your intentions unless you’ve put them down on paper.

Some online will makers offer free updates, though some require an ongoing membership to make changes ranging from $19 annually to $39 monthly. An estate planning attorney may charge a $100 to $500 fee to update a will.

Ways to write a will

Online will-writing software.

Price: Free to $89 and up.

Who it’s best for: People with smaller estates or relatively uncomplicated financial situations and those looking to avoid legal expenses.

An online will maker is an inexpensive way to navigate the will-writing process. While it’s not a good solution for those with large or complicated estates, it’s an excellent starting point for people looking for a simple way to do basic estate planning.

» MORE: The pros and cons of handwriting a will

Estate planning lawyers

Price: $300 to $1,000 and up flat fee or $200 and up hourly.

Who it’s best for: People with large or complicated estates, or those who want to use more advanced estate planning techniques to minimize estate taxes or bypass probate , the legal process for distributing a deceased person’s assets.

Estate planning attorneys can work with you to create a comprehensive estate plan including a will, trust and advance directives . They’ll ensure your documents are legally binding in your state and can help you navigate complex assets or family circumstances.

» What works best for you? Know the differences between wills and trusts

On a similar note...

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• Trust & Estate Planning

Best Online Will Makers for September 2024

Nolo’s Quicken WillMaker & Trust is our top pick because it's comprehensive and affordable

An online will maker is a service that helps an individual create a will from the comfort of their home, potentially for less than an estate attorney would charge. Online will makers work with attorneys and other legal professionals to generate a will based on the information you provide, which (so long as it's accurate and executed correctly, in addition to meeting your state's requirements) is just as legally binding as a standard will.

A strong online will maker offers a robust suite of estate planning services and documents at an affordable price. As creating a will can be a intimidating prospect, the best online will makers should also provide support tools that will walk you through the entire process and ensure your documents are customized to fit your unique situation.

According to our research, Nolo's Quicken WillMaker & Trust is the best overall online will maker due to its downloadable software, free software updates, and access to a catalog of estate planning documents. We researched 13 companies and evaluated them on several factors, including company history, price, availability in all states, offerings for online resources, ease of use, compatibility with various devices, and whether it was easy to make updates.

The 6 Best Online Will Makers for September 2024

• Best Overall: Nolo’s Quicken WillMaker & Trust
• Best Value: U.S. Legal Wills
• Best for Ease of Use: Trust & Will
• Best Comprehensive Estate Plan: TotalLegal
• Best Free Online Will Maker: Do Your Own Will
• Best for Making Changes: Rocket Lawyer
• Our Top Picks
• Nolo’s Quicken WillMaker & Trust
• U.S. Legal Wills
• Trust & Will
• Do Your Own Will
• Rocket Lawyer
• See More (3)

The Bottom Line

• Compare Providers
• Additional Services

How to Make a Will Online

• Will-Friendly Assets
• Pros & Cons
• Will Alternatives
• Why Trust Us
• Methodology

Best Overall : Nolo’s Quicken WillMaker & Trust

• Price (One-Time) : N/A
• Price (Annual) : Starting at $99
• Legal support : No
• Free trial : No
• Update period : One year of software updates included

Customers get access to a large number of estate planning documents with this Nolo product, and the software itself is easy to use. You’re not required to have an internet connection except to download and update the software.

Flat rate for comprehensive estate planning documents

Free software updates for version year

Downloadable software

Estate planning documents invalid in Louisiana

Minimum operating system requirements

Downloadable software unavailable for Starter tier

Nolo, which is headquartered in Pleasanton, California, started by publishing DIY legal guides back in 1971. It was one of the first websites to provide online legal assistance and information. It's branched out into other products, like its Quicken WillMaker & Trust software tools.

You can download the program for $99 to $209, depending on the version. They include key estate planning documents like a legal will, a living trust , a financial power of attorney (POA) , a healthcare directive, final arrangements, and a letter to survivors, in addition to other types of personal finance and home and family management documents.

The software is compatible with both Mac and Windows, and it's easy to use. It allows you to create customized legal documents using a simple interview survey to fill out forms. You can then save your information and download completed documents in PDF format. You can update your will at any time and receive legal and technical updates via the internet.

There's a legal manual to help you answer common questions within Quicken WillMaker & Trust, and you can contact technical support for additional help. Louisiana residents won’t be able to use this software because it doesn’t address the estate planning requirements for this state.

Best Value : U.S. Legal Wills

 US Legal Wills

• Price (One-Time) : Starting at $49.95 for individuals and $99.90 for couples
• Price (Annual) : N/A
• Legal support : Yes
• Update period : Unlimited

U.S. Legal Wills is one of the most affordable will options we've seen. It offers 40% off forms for partners or spouses, and it also has an add-on service to get an attorney to review your estate plan. It’s one of the only websites that accommodates affordable wills for expats and those who have personal property or other assets located outside the U.S.

Free unlimited updates

Forms for assets outside the U.S. and expats included

Discounted documents for spouse or partner

No living revocable trust available

Website less intuitive than other competitors

Clunky signup process for spouses

Formed in 2000 and based in New York City, U.S. Legal Wills is operated by PartingWishes Inc., an independent organization that works with U.S.-based lawyers to create legal documents, without being tied to a particular law firm. Services are available in all U.S. states (except Louisiana) and provide some of the best values and discounts of all the websites we reviewed.

Starting at $49.95 for a last will and testament, U.S. Legal Wills customers also get free storage for their documents on the company's secure servers, in addition to unlimited updates. You can pay annually or opt for the lifetime feature if you want to keep storing your documents with U.S. Legal Wills, which is only $129.95. It's a more economical choice if you plan on storing your will on its servers for more than a few years. Spouses or partners can get mirror wills (plus additional documents) for 40% off.

You can create a variety of estate planning documents on the U.S. Legal Wills website, then designate what the company calls Keyholders. These are people who have access to your documents, such as trusted family members or the individual you've named as executor .

Members can receive additional support by submitting a ticket through the customer service portal.

Best for Ease of Use : Trust & Will

 Trust & Will

• Price (One-Time) : Starting at $199 for individuals and $299 for couples
• Price (Annual) : Starting at $19 after first year
• Update period : One year

Customers can create their estate planning documents quickly and simply with Trust & Will. The company offers an easy way to decide which option is best through the "Get Started" section of its site. You can then fill in relevant details using an interview-style format.

We also like that Trust & Will makes it easy for you to make your documents legally binding by mailing you your completed documents for free and providing complete instructions.

Comprehensive learning center

Three options available

Website is intuitive to use

Only one year of unlimited updates

No free upfront legal consultations

Founded in 2017 and headquartered in San Diego, California, Trust & Will aims to modernize the financial planning process by providing an easy and secure way to create your estate plan online. Document creation is seamless using its user-friendly website and its step-by-step path to getting started. The process can take as little as 15 minutes, and the company even mails your completed documents to you for no extra charge, along with instructions to make sure everything is legally binding.

The fintech expert's state-specific trusts offer pretty much everything you'll need, including a living will’s schedule of assets and a revocable living trust to help your loved ones avoid probate. It's one of the only do-it-yourself companies to offer this option.

Trust & Will has a flat fee for wills of $199 for an individual and $299 for couples. A customized trust costs $499, or $599 for couples. This includes unlimited updates for a year. You'll pay $19 annually after the first year for unlimited updates for wills and $39 for trusts.

Best Comprehensive Estate Plan : TotalLegal

Total Legal

• Price (One-Time) : Starting at $19.95
• Update period : 60 days

TotalLegal is one of the only companies that provides comprehensive legal services that include do-it-yourself business and estate planning documents plus free and discounted access to attorneys through its TotalLegal™ plan.

Low annual or monthly fee

Free and discounted legal services for premium members

Create a wide variety of documents

Limited update period for one-off document purchases

No living trusts available

No online access for executors

TotalLegal is part of Pro Se Planning Inc., which provides self-guided legal products, including estate planning and business formation documents. Pro Se Planning was founded in 2000 and is headquartered in Bellevue, Washington. Customers can purchase and complete individual estate planning documents starting at $19.95 for a last will and testament, which remains available in your online account for 60 days, then offers unlimited updates.

The biggest advantage of TotalLegal is its yearly subscription plan. You get access to legal services for $99 a year, including a consultation, attorney-reviewed documents, and a will with free updates each year. All this provides the most comprehensive resources for those who need some guidance.

Document creation is simple. You’ll go through a series of questions to inform and complete your document, which can then be downloaded and printed. TotalLegal’s help center provides extensive information, and you can always call or email customer support if you have any additional questions.

There are discounted services that include creating a simple will with a trust. You'll also get access to its document storage digital vault service, where there are no storage limits.

Best Free Online Will Maker : Do Your Own Will

 Do Your Own Will

• Price (One-Time) : Free
• Free trial : N/A

This free option offers one of the widest varieties of forms without paying for extras. There's no need to create an account or hand over any credit card details. You can download your documents instantly.

Account not needed to access documents

Available in all 50 states

Save your will as either a PDF or Word document

No legal support

Must check state laws yourself

Do Your Own Will is a completely free way to make a last will and testament, POA, or a living will. Beyond the unbeatable price, one of the major perks is that it’s simple to use. There's no need to sign up for an account, but you'll have to provide your email address if you want to make updates or changes later.

Users complete forms online by filling in details such as marital status, information on your dependents, how you want your assets to be divided, and who you want to name as your executor. Download the document as a PDF or Word document, then you can sign it.

Originally founded in 1999, Do Your Own Will is headquartered in Seattle, Washington. It’s available nationwide, but there's one caveat: There's no legal support, so make sure you do your own research to ensure your will is legally binding.

Best for Making Changes : Rocket Lawyer

 Rocket Lawyer

• Price (One-Time) : Free will template
• Price (Annual) : Starting at $239.88
• Free trial : Yes
• Update period : Unlimited with subscription

You get access to all Rocket Lawyer's estate planning documents for one monthly price and you can make updates whenever you like. What makes Rocket Lawyer stand out is its ability to get legal advice for new legal issues and the ability to sign your documents securely online. This allows any changes you make to go into effect immediately.

Wide variety of legal and estate planning documents

Free seven-day trial

Low monthly fee for premium access

Monthly membership pricier than other options

Credit card information required for free trial

Founded in 2008 and headquartered in San Francisco, California, Rocket Lawyer offers online legal services that include documents and attorney services. Rocket Lawyer provides customers with two monthly subscription models, which cost $39.99 per month or $239.88 per year, depending on the membership chosen. You get unlimited access to all its legal documents, including the ability to make updates and attorney services. The price also includes a free 30-minute consultation on new legal matters, an “ask a lawyer” option for your legal questions, and other professional services.

You can download wills, trusts, and powers of attorney immediately after you complete all the required information online, and then you'll receive instructions to make the documents legally binding. They can be securely signed online, plus you can invite others to sign them digitally as well. This allows you to make updates and changes quickly. You can also contact customer service by email, online chat, or calling its hotline.

We’re a fan of Nolo’s Quicken WillMaker & Trust because you can make your will or trust and other documents with one download for one flat price. Nolo’s Quicken WillMaker & Trust is an option with great features for your estate planning forms if you're computer savvy. However, you may want to choose another option if you want additional help from a live lawyer, and both TotalLegal and Rocket Lawyer offer avenues for accessing attorneys.

If you're looking for a quick, easy-to-use service, then Trust & Will's user-friendly website and its step-by-step document creation process may appeal to you. U.S. Legal Wills, meanwhile, is among the most affordable will options currently available and provides great value for its price. However, if you're on a particularly tight budget, then Do Your Own Will is an excellent free option.

Compare Online Will Makers

Online Will Makers: Additional Services

While writing your own will may seem like an intimidating task, the actual complexity will depend on the nature of your estate. You may be better served hiring an estate planning attorney if you possess an intricate web of assets. If your estate is relatively uncomplicated, then you can follow the steps below to put a will together yourself (though it may still be a good idea to have a lawyer review the finished document).

• Catalog your assets : Before you start writing your will, take an inventory of every asset you own/have in your name that you are legally permitted to bequeath in your state. You'll want to be as detailed as possible when you list these assets in your will to avoid any confusion about what a beneficiary should receive.
• Find an online template : You can certainly write a will from scratch, but you can also make things easier on yourself by utilizing an online template from a reputable source. This will reduce the amount of time you'll spend writing and minimize the chances of making any errors. Ensure whichever template you choose includes any additional clauses important to you, such as what powers your executor should have or how assets not assigned to any beneficiaries ought to be handled.
• Start with your name and address : While the exact identifying information you'll need in your will may vary based on the template, you'll typically have to include your full legal name, city (and possibly county), and state. Make sure your template includes a sentence revoking any prior wills you may have had.
• Name your executor(s) and guardian(s) (if applicable) : In your will, you'll need to identify the executor administering your will (as well as their successor if your first choice is unavailable) and the guardian (plus their successor) you're granting custody of your minor children (if you have any). You'll also likely have to include the mailing address and Social Security number (SSN) of each individual you name in your will. Be sure to first communicate with each individual you want to name as an executor or guardian to ensure they're willing to accept their respective roles.
• Choose your beneficiaries and the asset(s) they will receive : As with your executor(s) and guardian(s), you'll have to name the beneficiaries receiving your assets, in addition to potentially providing their mailing addresses, SSNs, and relations to you. You'll then need to specify which asset(s) each person or organization will be given.
• Sign and date your will : Once you've finished writing your will, the final step is signing it before the witnesses required by your state. If you don't complete this step, then your will won't be legally binding.

After making copies of your completed will, store the original somewhere safe and inform your executor(s) of where they can find it. You'll also want to review and revise your will every few years and after any major upheavals in your life.

Assets You Can Include in a Will

After cataloguing your assets, you'll then need to determine which assets you can actually include in your will. Certain assets, such as joint owned property, can't or won't need to be listed in a will. Below are the most important types of assets that (if you have them) you should be sure to include when making your estate plan:

• Bank accounts : This category includes checking accounts, saving accounts, money market accounts, and certificates of deposit (CDs). If you have any bank accounts that have a payable on death (POD) or transfer on death (TOD) designation, then you don't need to list them in your will.
• Investments : If you've invested in any securities, such as stocks; bonds; commodities; U.S. bills, notes, and bonds; or mutual funds, then you'll also need to include those in your will. Retirement plans with investment assets in them (i.e., IRA, 401(k), etc.) only need to be listed if these accounts don't have designated beneficiaries.
• Real estate : Houses (both primary residences and vacation homes) and mobile homes, rental properties (including duplexes), condos, co-ops, timeshares, undeveloped and agricultural land, and even boat/marina dock space are all real estate assets that should be included in your will.
• Businesses : If you own a business or have other business interests related to a partnership, limited partnership, LLC, or corporation, then you may need to list these in your will to prevent any confusion after you pass. You should also include any business property for which you are the sole owner.
• Personal items : This category broadly covers any physical and digital assets you own that you'd want to pass onto your beneficiaries. While it's impossible to list every kind of property that might be considered a personal item, common examples include jewelry and precious metals, vehicles (such as cars, bicycles, motorcycles, motor homes/RVs, boats, and planes), furniture, appliances, family heirlooms, art, and other collectibles.
• Pets : This is a bit of a special case; legally, pets are considered property. This means that, if you pass away and don't have a plan in place for any animals you own, the courts will treated them like any other asset without a designated beneficiary. As such, you'll want to appoint a guardian for your pet in your will, much as you would for any minors or others you're responsible for.

Pros and Cons of Having a Will

Control over how your assets are distributed

Ensure your loved ones are cared for

Probate process can take a long time

Won't take effect in the event of incapacitation

Becomes a public record after your death

Pros of Having a Will

• Control over how your assets are distributed : Perhaps the greatest benefit of having a will is that it ensures your assets are distributed to your beneficiaries according to your wishes (unless you have outstanding debt, in which case your estate would be used to pay off whatever you owe). Without a will, your estate will typically be subject to intestate succession, wherein your state's intestacy laws will determine how your assets are distributed.
• Ensure your loved ones are cared for : In addition to ensuring your loved ones are cared for financially, having a will allows you to control who will look after your dependents (any minor children, pets, etc. for whom you're the primary caregiver) in the event of your passing. If you don't have this outlined in a will, the courts will appoint a guardian for your dependents.

Cons of Having a Will

• Probate process can take a long time : Perhaps the biggest downside of a will is that the probate process, wherein the courts review the deceased's assets and either determine inheritors or validate the will, can take a considerable amount of time. Depending on how complex your estate is and where you live, probate can take several months to over a year. This process can drag on for even longer if you have property in multiple states, as your beneficiaries will have to go through probate in each one.
• Won't take effect in the event of incapacitation : In the event that you're still living but become physically or mentally unable to manage your affairs, an advance directive (also known as a living will) will be required to designate someone who can make medical care decisions on your behalf. At the same time, you will need a living trust for you to appoint someone to manage your financial affairs. Since a last will and testament only goes into effect when you pass away, you cannot use it for either of these purposes.
• Becomes a public record after your death : Your will is considered a confidential document while you're still alive. After you pass away and the will goes through probate, it becomes a public document. A will becomes a public record so that anyone not included in your will can have a chance to file a claim against your estate.

Alternative to a Will

The primary alternative to a will is a living trust . The latter is a legal arrangement wherein an individual designates assets that are transferred to a trust account, which is managed by a trustee of the account opener's choosing. A living trust is created when the account opener signs a trust agreement, which typically specifies the trust's purpose, what kinds of assets it holds, the trustee's duties and responsibilities, and which assets in the trust each beneficiary will receive after the grantor dies.

Wills and living trusts share many similarities, but there are a few key differences that set them apart from one another:

• A will is a straightforward document that only details how the testator's assets should be distributed after their passing. Meanwhile, a living trust is a complicated arrangement wherein the grantor sets aside specific assets to fund a trust account while they're alive.
• A will doesn't go into effect until after the testator dies, whereas a living trust is in effect as soon as it's signed.
• In most cases, a will goes into probate after the testator dies, and a trust avoids the probate process entirely.
• A will becomes part of the public record, whereas a living trust's details will only be known to the grantor, trustee, and beneficiaries.

Although a living trust can be considered an alternative to a will, they aren't mutually exclusive. If you want to have an especially comprehensive estate plan , you can have both a will and a living trust. However, if your estate isn't particularly complex, then a will by itself may be sufficient.

Why You Should Trust Us

Investopedia collected and analyzed several key data points from over 13 companies to identify the most important factors for readers choosing an online will maker. We used this data to review each company for price, availability, compatibility with various devices, and other features to provide unbiased, comprehensive reviews to ensure our readers make the right financial decisions for their needs. Investopedia launched in 1999, and has been helping readers find the best online will makers since 2020.

Frequently Asked Questions

Are online wills legit.

Online wills are legitimate as long as they comply with federal and state laws. Online will companies hire licensed attorneys and legal professionals to carefully word their estate planning documents so that each is legally binding, but you'll want to make sure that your final documents will carry the same weight as one that an attorney creates. Check the fine print of the online will company to make sure it’s compliant in your state.

Is Paying for an Online Will Maker Worth It?

Using a free online will service can suffice if your estate is simple and straightforward: You don’t have any children, your only beneficiary is your spouse, and your estate is very small. But you'll probably benefit from using a paid service if you have a larger estate or a more complex situation, or if you want a legal professional to help you work through your documents and other financial affairs.

Who Should Draw Up a Will?

It's a good idea for anyone with assets that multiple heirs can legitimately claim. Not dividing up assets can cause litigation among family members, creating resentment and heartache after the individual passes.

Should an Individual Write Their Own Will?

It's inadvisable to write your own will without any sort of legal guidance unless you have an up-to-date background in and knowledge of estate law. Otherwise, it's too easy to inadvertently sidestep a rule or law in your state that you didn't even know about. This could result in your final wishes not being carried out, throwing your estate into chaos as the court looks for alternate solutions. Always touch base with a legal professional before writing and finalizing your own will.

What Should You Avoid Putting in a Will?

Your will is not a private document after your death, so don't include anything that you don't want to become a matter of public record. Forming a living trust is a much more private estate-planning alternative. It will avoid airing out all the most intimate details of your life in probate court. A will must pass through probate in order for your estate to be settled.

What Is the Best Online Will Maker?

According to our research, Nolo's Quicken WillMaker & Trust website offers the best online will maker. However, depending on your needs, you may be better suited with another company. Do Your Own Will, for example, is a great free option, so long as you're confident in your ability to create a legally binding will without any legal support.

Are Wills Really Necessary?

In most cases, a will is an indispensable part of an estate plan. If you pass away without a will, then you risk your assets being distributed to different persons or parties than you might have wished for. Having a will in place can give you the peace of mind that this won't come to pass. There are a few cases where a will isn't strictly necessary, such as if you lack sufficient assets or any beneficiaries.

What Is the Difference Between a Will and a Trust?

Wills and trusts are both estate planning documents, the former being a document detailing the testator's wishes for their assets, while the latter requires funding a trust account with certain assets that the grantor has set aside for it. Additional differences include that wills become effective after the testator passes (living trusts are in effect after signing), trusts avoid the probate process that most wills are subject to, and wills are public records.

How We Pick the Best Online Will Makers

Our goal is to make sure our recommendations are ones we would share with our family and friends when looking to choose an online will maker company. We looked at 13 companies before choosing the top providers. Factors we looked at include company history, price, availability in all states, offerings for online resources, whether the product was simple to use, compatibility with various devices, and whether it was easy to make updates.

Our opinions are our own and are not influenced by the payment we receive from advertisers.  Click here to learn more about our review process.

Investopedia / Zoe Hansen

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American College of Trust and Estate Counsel. " How Does a Revocable Trust Avoid Probate? "

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How to Write a Will: A Comprehensive Guide to Will Writing

Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?

Start your will today

by   Michelle Kaminsky, Esq.

Writer and editor Michelle earned a Juris Doctor degree from Temple University's Beasley School of Law in Philad...

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Legally reviewed by   Deborah R. Bronner

Deborah is an attorney whose law career has spanned more than 30 years. Since the 2008 mortgage crisis, she...

Updated on: July 21, 2024 · 11 min read

Key takeaways

Understanding the basics of a will, key takeaways to create a valid will, preparing to write your will, writing your will: essential components, making your will legally binding, storing and communicating your will, updating your will: when and how, diy vs. professional assistance: choosing the right approach, frequently asked questions.

Planning for the inevitable may not be a pleasant task, but it’s an essential one. A well-drafted will is a foundational document in estate planning. It ensures your wishes are carried out after your death, providing peace of mind for you—and your loved ones. This comprehensive guide on how to write a will lead you through the process of creating a will, from understanding the basics to storing and updating your will correctly.

• A will is a key legal document for estate planning, dictating how assets are distributed after death, and ensuring intentions are met while preventing potential legal conflicts.
• To be legally valid, a will must be created by someone of sound mind and legal age, clearly detail asset distribution, and be signed by the testator and witnesses who are not beneficiaries.
• Life changes such as marriage or childbirth necessitate will updates, which can be made via a new will or codicil, both of which require formal witnessing and signing to be legally valid.

A will serves as a crucial legal document in the process of estate planning. It provides a blueprint for the distribution of your assets and property after your passing, ensuring your intentions are carried out. It’s this pivotal role that underscores the importance of creating a will and having the necessary estate planning documents in place.

Not only does a will provide direction upon your passing, but it also helps to prevent the potential stress and cost of legal conflicts over your estate. To attain legal validity, a will must satisfy certain requirements, which we will explore further in subsequent sections.

Legal requirements for a valid will

Creating a will is not just about expressing your wishes but also about doing so in a way that’s legally valid. To start, you must be at least 18 years old and possess sound mental capacity, meaning you’re fully aware of your property and beneficiaries, and understand how your assets are being distributed. The will must also be signed by you, witnessed without a lawyer, and signed by at least two individuals who are not beneficiaries. Using proper legal forms can help ensure that your will is legally valid.

• You must be 18 or older to create a valid will
• You must be of sound mind. This means that you should be fully aware of your property and beneficiaries
• You must sign your will in front of at least 2 witnesses
• Your witnesses cannot be beneficiaries of your will

Before you can start drafting your will, there are some documents and lists you should have. These include creating a comprehensive list of your assets and personal property and identifying your beneficiaries. By taking the time to complete these steps, you ensure that each asset is clearly identified and appropriately distributed among extended family according to your wishes.

This also sets the foundation for the upcoming steps of formulating your own will, which we will explore in subsequent sections.

Listing assets and personal property

A comprehensive listing of assets and personal property is essential when creating your will. This includes everything from real estate and vehicles to valuable family heirlooms. Having a detailed inventory of assets and real property helps to guarantee that all your assets are distributed according to your wishes and not inadvertently left to unintended beneficiaries.

It is also recommended to incorporate a tangible personal property list as an annex to your will, providing a clear and easy-to-update record of your assets.

Identifying beneficiaries

Identifying beneficiaries in your will is equally important. A beneficiary is an individual or organization designated to receive property or other benefits from your estate. Beneficiaries should be identified using their full legal names, and their relationship with you should be specified. It’s worth noting that beneficiaries can be non-family members or organizations. The key is to ensure that your intentions are clearly communicated to prevent any confusion or disputes after your death.

After you are prepared, the next step is to formulate your will. This involves several essential components, such as appointing an executor, naming guardians for minor children, and distributing your assets and personal property. It’s essential that these components are carefully considered and clearly articulated in your will.

In subsequent sections, we will delve into each of these components extensively.

Appointing an executor

An executor plays a fundamental role in the execution of your will and is responsible for:

• Taking care of your estate
• Settling your debts
• Distributing your assets to beneficiaries
• Reporting to the probate court

When selecting an executor , consider their personal qualities and capabilities. Trustworthiness, responsibility, and good communication skills are all key qualities to look for. It’s also worth noting that you can appoint more than one executor if you wish to do so, although this can potentially lead to disagreements.

Naming guardians for minor children

If you have minor children, naming guardians in your will is of paramount importance. A legal guardian is a person who will take care of your children in the event of your passing. When choosing guardians, consider their personal qualities, their relationship with your children, and their willingness to take on the responsibility.

Once you have chosen guardians, ask them if they are willing to step into that role. It’s important to communicate your decision to them. Discuss the responsibilities and expectations openly and honestly to ensure they are willing and able to fulfill the role. Remember, your children’s welfare is paramount, and choosing the right guardians is a critical part of ensuring their future well-being.

Distributing assets and personal property

Distributing your assets and personal property is perhaps the most critical part of your will. This is where you specify who gets what. To prevent any confusion or disputes, it’s crucial to be specific in detailing each asset and the beneficiary it should go to. This can be done by using a tangible assets and personal property list, which provides a clear and organized record of your assets and their intended recipients.

Remember, it’s not just about who gets what but also why. If you wish to explain your decisions, it’s best to do so in a separate letter to the beneficiaries. This ensures that your will remains clear and precise and that your intentions are well understood.

After drafting your will, the subsequent step is to ensure its legal enforceability. This involves meeting certain witnessing and signing requirements and considering a self-proving affidavit. We'll explain these requirements and how a lawyer or notary public can assist in making your will enforceable under the law.

Witnessing and signing requirements

Witnessing and signing requirements are crucial to making your will legally valid. You must sign the will in the presence of at least two witnesses, who must also sign the will in your presence. It’s important to note that beneficiaries cannot serve as witnesses, as this could raise concerns about the will’s legitimacy. Some states don't require you to have your will notarized. However, using a notary public is a way to ensure that your will is valid in the other state. By ensuring these requirements are met, you help to establish your will’s validity and enforceability.

After your will is written and legally validated, the final steps are to store it safely and communicate its existence and contents to your executors, guardians, and beneficiaries. Safe storage and clear communication are crucial to ensure your will is executed according to your wishes.

Safe storage options

Proper storage of your will is vital to ensure it remains safe and accessible. You could store the original document and a copy in a secure place, such as a fireproof lockbox, a filing cabinet, or a safe deposit box at a bank. It’s important to make sure your executor is aware of the location of your will and has access to it. You should also give a copy of the will to your executor.

For those who prefer a digital approach, consider storing a copy of your will in a digital legacy drawer. This is a secure online space where you can store important documents and information. By backing up your will digitally, you not only protect it from physical damage but also ensure easy access and organization.

Informing executors, guardians, and beneficiaries

Once your will is safely stored, it’s important to inform family members, your executor, guardians, and beneficiaries about it. This includes letting them know where it’s stored, any specific instructions it contains, and their roles in executing your will. Written communication is a recommended approach for this, ensuring clear and recordable information is provided to all parties.

It’s also crucial to keep these individuals updated as changes occur. This could be as simple as notifying them of any amendments to your will, funeral instructions, or reminding them periodically of their roles and responsibilities. By keeping everyone informed, you can help ensure a smooth process after you die.

Life is constantly changing, and so too should your will. Major life events or changes in circumstances can necessitate updates to your will to ensure it continues to reflect your wishes.

Major life events and circumstances

Major life events such as marriage, divorce, birth of a child, adoption of a child, or changes in your financial situation should prompt a review of your will. When a major life event occurs, it’s important to revisit your will to ensure it still aligns with your wishes.

Properly amending or revoking a will

When changes are needed, there are two main ways to update your will: by revoking the existing will and creating a new one, or by adding a codicil to the existing will. A codicil is a document that modifies the original will, and like a will, it needs to be witnessed and signed.

If you need to revoke a will, you can either destroy the original document and any copies or create a new will that explicitly states the intention to revoke the previous one. Regardless of how you choose to update your will, it’s important to inform all parties about the changes.

Creating a will is a personal process that can be done in a number of ways. You can choose to do it yourself using online will makers and templates, or you can seek professional assistance from an estate planning attorney. Each approach has its own advantages and is suitable for different scenarios.

Online wills and DIY templates

Online will makers and DIY templates offer a cost-effective and convenient way to create a will. These tools provide step-by-step guidance to help you navigate the process of writing a will and ensure its legal validity. However, they may not be suitable for complex estate scenarios. If your will involves substantial or intricate estates, it may be more appropriate to seek professional advice.

When to consult an estate planning attorney

If your estate is complex or if you have specific legal concerns, it might be beneficial to consult an estate planning attorney. Plus, estate planning needs are sometimes complicated. You can seek assistance from attorneys who are experts in state and federal laws related to wills, trusts, probate, and other aspects of estate planning. They can help ensure your will is legally enforceable, thorough, and customized to your requirements.

Some benefits of consulting an estate planning attorney include:

• Expertise in complex estate planning laws
• Customized advice based on your specific needs and goals
• Assistance with drafting and reviewing legal documents
• Guidance on minimizing estate taxes and maximizing asset protection
• Peace of mind knowing that your estate plan is legally sound and comprehensive

By seeking professional advice, you can avoid common errors and ensure your will is properly managed and carried out.

Creating a will is a crucial step in estate planning. It allows you to express your wishes regarding asset distribution and guardianship of minor children and helps to prevent potential family disputes. From understanding the basics of a will, preparing to write it, crafting it, making it legally binding, storing it safely, and communicating its contents to the concerned parties—each step plays a vital role in ensuring your will is effective.

Whether you choose to create your will through DIY methods or seek professional assistance depends on your individual circumstances and needs. No matter the approach, the key is to ensure your will is clear, legally valid, and accurately reflects your wishes.

How do you start writing a will?

To start writing a will, follow these steps: Decide what to include and who gets what, choose an executor, name guardians for children, sign your will in front of witnesses and a notary, and finally, store your will in a secure place.

What is an example of a simple will?

An example of a simple will is: "I give all my residences to my husband, Tex. If he does not survive me, I give that property to _________________." This serves as a straightforward illustration of a basic will.

Is there a will template in Word?

Yes, you can find a last will and testament template for Microsoft Word that is free and compatible with Word versions from 2003 onward, which professionally outlines your wishes for your funeral and beneficiaries. You can also find templates for your will at LegalZoom .

What is a good age to write a will?

You should consider writing a will once you turn 18, as it is essential for the specific laws instructing the handling of your estate after your death. It's a common misconception that wills are only for the wealthy.

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10 Basic Facts About Writing a Will

There’s more to it than who will inherit your belongings.

Patricia Amend,

Preparing a will is one of the most important things you can do to put your life in order. Among other things, it will help you decide what to do with your most important stuff, which may give you peace of mind.

That said, planning for your demise isn’t pleasant, and if you haven’t taken the time to write a will , that’s not surprising. A 2022 survey by Caring.com indicates that only 33 percent of Americans have a will or living trust — and 67 percent don’t.

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Why not? In the survey, about 40 percent of the respondents admitted that they hadn’t gotten around to it, 13 percent said estate planning was too expensive, and 12 percent said they didn’t know how to get a will.

You, like others, may not completely understand how a will works, why you need one and what a complicated mess you will foist upon your loved ones if you fail to leave this important document.  

For example, not only will you give up your right to say what happens to your assets, the same holds true for any minor children you may have, says Joe Fresard, an attorney at Simasko Law in Mount Clemens, Michigan. “When there is no will, there is a much better chance that there will be fighting within the family, as no one knows what your wishes really were.”

Can you write a will on your own? Possibly. But keep in mind that the laws governing wills vary state by state. The following tips describe, among other things, how wills work, why they’re so important, how to create a valid one and whether you need to consult an expert.

1. What a will does

Your last will and testament is the legal document in which you, the “testator,” declare who will manage your estate after you die and who is entitled to your possessions. That includes large items, such as your home, and smaller things with sentimental value. You can also name the guardians for minor children or other dependents.

To be valid, your will must have two witnesses and meet other criteria, as required by your state. The person you name to carry out your wishes is your “executor,” who will pay your final bills and disperse your assets to beneficiaries.

Note: Some types of property, including certain insurance policies and retirement accounts, generally aren’t covered by wills. You should have chosen beneficiaries for them. Make sure to update your beneficiaries as life changes — if you divorce, for example — as whoever is listed at the time of your passing will receive these assets.

2. If you die without one

Without a valid will, you die “intestate.” That usually means your estate will be settled based on the laws of your state, which determine who inherits what. Your estate will go through probate, the legal process of transferring the property of a deceased person to the rightful heirs.

With no will, you have no executor, so a judge will appoint an administrator to disperse your assets. It may be someone you and your family don’t know. The decision he or she makes may be contrary to your wishes and those of your heirs.

Should your will be deemed invalid for some reason, a judge will name an “administrator” to handle matters.

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3. An attorney — or not

No, you don’t need an attorney, provided your will meets the legal requirements of your state. You can write it on paper or on your computer. Just make sure to let your executor and other family members know where to find it, should you become incapacitated or die.

“A legal will is done by a person over the age of 18 with sufficient mental capacity,” Fresard says. “Signing the will in front of two witnesses, and signing within a reasonable time, makes the will legal.” 

Though you don’t need an attorney, one may help you avoid common mistakes, he adds. Also, a lawyer may be able to provide useful advice on the other documents you need, such as durable power of attorney, a living will (also known as a health care directive) and, perhaps, a living trust.

If you prefer to do it yourself, take advantage of online will services, estate planning software and bookstores and libraries with guides on the subject. Low-cost resources for estate planning are available from your city or state departments of aging and from AARP Foundation.

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4. Separate wills: yours, mine and ours

Should you and your spouse have a joint will? Estate planners almost universally advise against it, and some states don’t recognize them. Your spouse isn’t likely to die at the same time, and you may have property that’s not jointly held. Separate wills make sense, even if they look similar.

Separate wills also give you the chance to consider ex-spouses and children, pets and property from a previous relationship. Otherwise, probate laws will likely favor your current spouse.

5. Choosing your witnesses

Any person can act as a witness to your will, as long as they’re “disinterested.” In other words, the person who witnesses your will should get no benefit from it.

Do you need to have your will notarized? In some states, yes. You may also want to have your witnesses sign a “self-proving affidavit,” usually in the presence of a notary. This affidavit can speed up the probate process because your witnesses likely won’t be called into court by a judge to validate their signatures and the authenticity of the will.

6. Naming an executor — or two

You can name your spouse, an adult child or a trusted friend or relative as your executor — perhaps individuals who are younger than you and in good health. If your affairs are complicated, an attorney or someone with legal or financial expertise is a better choice. Make sure that your will empowers your executor to pay your bills and deal with debt collectors. 

As you write your will, word it so it gives your executor the ability to attend to other issues related to your estate as they arise.

It’s a good idea to name two executors, in case something happens to one of them. Like your beneficiaries, you should periodically review whom you’ve chosen.

7. Leaving specific stuff to specific heirs

How do you make sure that certain heirs receive certain property? Spell that out clearly. You can create a separate “letter of instruction” that is filed with your will.

This letter, which isn’t legally binding in some states, can be written more informally than a will and can go into detail about which items go to whom. You can include important details, such as your funeral and burial instructions.

8. Keeping your will safe — and accessible

Before a probate will process your estate, it’s likely to require the presentation of your original will. So it’s important to keep this document safe, yet accessible . If you put your will in a bank safe deposit box that only you can access, your family might need to obtain a court order to retrieve it. A waterproof and fireproof safe in your house, or an online “document vault” are good alternatives. Just make sure that your executor or other relatives have the required account numbers and passwords. The same is true for all of your digital accounts.​​Your attorney or someone you trust should keep signed copies in case the original will is destroyed. Signed copies can be used to establish your intentions. The absence of an original will can complicate matters, and without it, there’s no guarantee that your estate will be settled as you wish.

9. When to update it

Get in the habit of reviewing your will every two or three years, or when a major life change has occurred — marriage, divorce, birth of a child, death of a beneficiary or executor, a significant purchase or inheritance. Also, once your minor children become adults, they won’t need guardians, unless they’re disabled.

10. Making a bulletproof will

Finally, a will can be contested — its legal validity challenged — for a number of reasons: It wasn’t properly witnessed; you weren't competent when you signed it; or it’s the result of coercion or fraud. 

A beneficiary who feels slighted by the terms of your will might choose to contest it. Depending on the state you live in, so too might a spouse, ex-spouse or child who argues your stated wishes go against probate laws. It’s usually up to a probate judge to settle any disputes. Your best defense is a clearly drafted and validly executed will.

“If you have your assets controlled by a trust, you can avoid probate entirely, and this will further protect your will from challenges,” Fresard says.

Patricia Amend has been a lifestyle writer and editor for 30 years. She was a staff writer at  Inc.  magazine; a reporter at the Fidelity Publishing Group; and a senior editor at Published Image, a financial education company that was acquired by Standard & Poor’s.

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Simple Guide To Writing a Will

• How to make a will
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A last will and testament (also called a “will”) is one of the most important documents you will ever create. A will helps your family members understand your final wishes for the care of your children and how to distribute your assets, real estate, and personal property. Ready to start your estate plan? Get 10% off with discount code 10OFF.  

Table of Contents

Benefits of a will, write a valid will, provisions to include — and avoid in your will, assets that operate outside of a will, changing and revoking a will, can i diy my will, do i need an attorney, consider other estate planning documents.

If you have a will, your personal representative or executor follows your instructions for distributing your estate. It protects your loved ones, especially if you have minor children.

A Will Speeds Up Probate

If you die intestate  (meaning without a will) a probate court will divide your assets according to state default rules based on your living blood relatives. The court also must decide who gets custody of your minor children. Probate is complicated and time-consuming —  the probate process  can take up to two years.

A Will Follows Your Wishes

The probate court follows state intestacy laws if you do not make a will. So your estate may go to a family member you don’t want to inherit. For example, if you are single, have no children, and die without a will, your estate goes to your parents. But what if your single mother raised you and you had no contact with your father?

A Will Settles Disputes

A will often ease the transition for survivors by transferring property quickly and without drama. Siblings can’t fight over what “Mom would have wanted” if Mom spelled it out in her will.

Follow the laws of your state to ensure your will is valid. Formal will requirements for vary from state to state. The person writing the will (called the “testator”) must be an adult of “sound mind.” A sound mind means the testator must have the mental capacity to understand they are making a will, what assets they have to give, and who are their natural beneficiaries.

In addition, usually you must sign the will in the presence of witnesses. Check your state’s laws for witness requirements and if a notary is necessary. Some states allow a will made in the testator’s own handwriting (called a  holographic will ). However, a better and more enforceable option is to use a template or typed document.

If you are unsure about your state’s legal requirements for a valid will, there are online tools to help you get started. Check out these easy-to-use  state-specific forms  for your last will and testament.

Two essential provisions to include in your will are nominating an “executor” to serve as the personal representative of your estate. and choosing a guardian if you have minor children. It is a good idea also to name a backup executor and guardian if your first choice is unable or unwilling to serve.

Executor or Personal Representative

An executor carries out your wishes after you have passed, so  choose your representative  thoughtfully. The executor’s duties include inventorying your assets, collecting debts, filling out paperwork, and more. Advise your chosen representative of their responsibilities in advance to ensure they are willing to undertake these duties.

If you have minor and dependent children, you will also want to  name a guardian  for them in your will. If you do not name a guardian, a court may appoint someone who is not necessarily the person you would have chosen. These are just some provisions to keep in mind when drafting your will.

What Not To Include in Your Will

There are limitations to what you can include in your will. For example, you cannot leave money for illegal activities. You should also avoid placing conditions on the inheritance of your assets, such as “to John after he marries.” Some state laws ban the disinheritance of spouses or dependent children in your will. Here are  five more things not to include in your will .

In most jurisdictions, a surviving spouse has a right to a part of your estate, and you cannot give it away in a will. Check to see if you live in a  “community property” state .

When making a will, you give gifts to your beneficiaries, such as money, personal items, and real estate. However, some assets operate outside your will and therefore do not need to list them in your will. These include:

• Bank accounts
• Retirement accounts
• Insurance policies, including life insurance
• Stocks and bonds
• Some real estate, such as properties held in joint tenancies

These assets go to the named beneficiaries. So when opening accounts, you designate beneficiaries and backup beneficiaries. If no beneficiary is named or has died, the asset becomes part of your estate.

It is crucial to keep your will updated. As life changes, so do potential beneficiaries and heirs. If you do not update your will, it may not reflect your wishes if you get married, have a child, divorce, or have a change in financial circumstances.

For minor changes to your will, you can add a “codicil.” A codicil is like an amendment or addition to your will. You can use a codicil to revoke part of your will or add a new provision. The codicil must generally meet the other requirements for making a valid will. However, codicils can often cause confusion, so it is better to revoke your will and create a new one.

You should create a new will and revoke your old one for major life changes. You include a statement in your new will stating you revoke all wills you previously made. This statement is usually sufficient to revoke any previous will but destroy any originals and copies of your previous wills to avoid confusion. Always keep your original estate planning documents and copies in a safe place.

You can use a codicil to revoke part of your will or add a new provision.

The codicil must generally meet the other requirements for making a valid will to be valid. Keep in mind that codicils can cause confusion and should only be used in limited circumstances.

Yes. It is legal to create your own will so long as you follow the legal requirements in your state. Even though a will is a critical document, it doesn’t have to be complicated. You can use a  step-by-step online will service  or state template if you have a simple will or small estate.

Using an online DIY will service is best when:

• You have a small or simple estate.
• You do not have a second marriage or blended family with minor children.
• You do not have a child or dependent with special needs.

However, it is best to consult an estate planning attorney to help you draft a will if you have a large estate and complex issues.

Estate planning solutions to fit your needs.

Depending on your situation, you may need to seek legal advice from an estate planning lawyer if you:

• Are uncertain about the specific requirements in your state
• Have questions on what provisions to include
• Want to know how to amend your will
• Plan to disinherit a child
• Anticipate that someone may contest your will
• Have a child or dependent with special needs
• Have concerns about estate taxes
• Want a living trust

An estate planning attorney can craft a plan to address your family dynamics and concerns.

A will gives you peace of mind knowing you are protecting your loved ones, and your assets go to the beneficiaries you want. However, a will is only one piece of a comprehensive estate plan.

It may also be a good idea to make a state-specific  financial power of attorney , health care power of attorney or  living will  when  drafting your will . These legal documents help you while you are alive but incapacitated or have terminal condition or illness and you can’t speak for yourself.

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Essentials of a Valid Will

What you can and can't give away, final takeaways, templates and examples to download in word and pdf formats, will writing 101: essential facts and features in a valid will.

A last will and testament , otherwise known simply as a will, is a way to dictate how your property and affairs will be handled after you die. All wills are different and what you include in your will depends on what property you have, whom you want it to go to, the dynamics of your family and friends, and many other factors unique to your particular situation. However, all wills are required to have particular features in order to be valid and wills are only able to accomplish certain things . This guide reviews the essentials of writing a valid will and explores the limits of what it is and is not possible to do using a will. As estate planning and will writing are heavily affected by state laws, it is always a good idea to contact a lawyer with any specific questions you may have about how your state's laws will affect your will.

To be valid, your will doesn't have to conform to a specific formula. For example, in states that recognize handwritten wills, some wills scrawled on the back of an envelope have stood up in court. However, there are certain elements that must usually be present .

Age requirements

In most states, you must be at least 18 years old to make a will. In Georgia, you only need to be 14 years old, in Louisiana 16 years old, and in Alabama, Alaska, and Wyoming, you must be 19 years old. There is no upper age limit ; as long as a person has necessary mental capacity, they can make a will. A person under the required age usually must go to court and get a guardian appointed to make a will for them.

Sound mind and body

Thought the popular phrase is "of sound mind and body," there is no requirement that you have a particular physical body in order to make a will. However, there is a very important requirement that you have what is known as the mental capacity or mental competency to make a will. The law presumes that will maker was of sound mind, and the standard for proving otherwise is very high -- much more than normal absentmindedness or forgetfulness. Being of sound mind to make a will does not mean that you must be perfectly sane, have a clear and unfailing memory, or otherwise have the same mental sharpness you had when you were 18 years old. You only need to know that you're executing a will, have a basic understanding of the general nature and extent of your property, and be aware of the objects of your bounty or the natural objects of your affection (i.e. your spouse, descendants, and other relatives who would ordinarily be expected to share in your estate). You must be able to put these factors together and form an orderly plan as to who gets what.

Your competency to make a will is determined by your mental state at the time you sign your will. A person who is insane may become sufficiently lucid to make a will and then again lose touch with reality. As long as the will was made during a period of mental lucidity, it is valid. Suppose a person is in the early stages of Alzheimer's disease and makes a will. There is no question that the person had the requisite mental capacity to make the will at the time they signed it. But suppose their condition deteriorates and they lose all of their mental faculties. Is the will still good? Yes, since losing mental capacity some time after the will is made doesn't matter . It only becomes important if the person tries to revoke or amend the will after becoming mentally incompetent. The person who indulges in alcohol or drugs, even in excess, the eccentric who exhibits bizarre behavior, the older person who has the occasional memory lapse -- all may at times have sufficient capacity to make a will.

Disgruntled friends or relatives who want to challenge a will occasionally use this sound mind requirement to attack the will maker's mental capacity. To defend against this attack preemptively, in special cases, the execution or signing of the will is sometimes videotaped and kept on file . So, if someone raises a question after the will maker dies, the videotape can be good evidence that the will maker was of sound mind and knew what they were doing when they made their will. Of course, if the will maker is in the last stages of a debilitating illness, a videotape might have the opposite effect and appear to show lack of capacity.

Intended to transfer property

The will must have a substantive provision that disposes of property, and it must indicate your intent to make the document your final word on what happens to your property . In short, it must be clear that you really intend for it to be your will.

Although oral wills, if witnessed, are permitted in some states, wills must usually be written, either by hand or, more commonly, typed, and witnessed .

Properly signed

You must voluntarily sign the will , unless illness, an accident, or illiteracy prevents it, in which case one of your witnesses may sign for you. Without a signature, your will is invalid and does not carry any force.

Properly witnessed

In almost all states, the signing of a formal will must be witnessed by at least two, but often three, adults who understand what they are witnessing and are competent to testify in court . In most states, the witnesses have to be disinterested (i.e. not getting anything in the will). If they aren't, you run the risk of voiding certain provisions in the will, opening it up to a challenge, or invalidating the entire will.

Properly executed

Your will should contain a statement at the end attesting that it is your will, the date and place of signing, and the fact that you signed it before witnesses, who then also signed it in your presence . Most states allow what are commonly known as self-proving affidavits , which eliminate the necessity of having the witnesses go to court to testify that they witnessed the signing; the affidavit is enough proof by itself. In other states, if the witnesses are dead or otherwise unavailable, the court may have to get someone else to verify the legitimacy of their signatures.

Non-Standard wills

Though the above requirements are best practices for writing a will, not all wills follow these formalities. Depending on the state, the law might recognize certain kinds of other wills in special situations. However, you're always safest with a written will that's properly signed and witnessed. Some types of non-standard wills include:

• Oral wills : These are permissible in a few states, sometimes under very limited circumstances when they are uttered in your final illness or on a deathbed. Also, oral wills often apply only to personal property (e.g. jewelry, vehicles, clothing, etc.).
• Handwritten, unwitnessed wills : These wills, also called holographic wills , are valid in about half the states and effective in giving away all kinds of property, including real estate and personal property. Nonetheless, they usually aren't recommended. Since such wills rarely follow legal formalities, it's sometimes hard to prove that they were intended to be wills or intended to be a last will . In addition, they are vulnerable to fraud and they often don't cover all of the will maker's assets.
• Soldier's and seamen's wills : These wills are permitted by about half the states. They allow people serving in the armed forces to give away their wages and personal property orally or in an informal written document. Often, they're only valid during wartime when the will maker is in a hostile zone, and they usually cease to be valid after a certain time that varies by state.
• Statutory wills : These wills are another alternative available in a few states. A statutory will is a will that has been created by a state statute or law .

Before sitting down to make your will, you have to figure out what you own and how you want to distribute it. If something is your own personal property, you have the right to dispose of it any way you want. However, if you own property jointly with someone else, you can give away only your share in that property.

You cannot give away property that is subject to a contract . For example, what if you want to give the proceeds of your life insurance policy to someone other than the policy's named beneficiary? Even if your will gives the life insurance proceeds to someone else, the beneficiary named in the policy will get the money. The terms of the policy -- a contract -- control the distribution of the money. If you want the proceeds to go to someone other than your currently named beneficiary, you'll have to contact your insurance agent and submit a change of beneficiary form . This same idea applies to retirement benefits, IRAs, deferred compensation plans, and similar accounts or employee benefits.

Generally speaking, you have the right to give your money to anyone you want. If you give your property to minor, however, a guardian will have to be appointed to manage the property until the minor turns 18 (19 in a few states) . Some restrictions may be placed on gifts to charities, religious institutions, or animals.

What happens when a person gets impatient for his inheritance and kills the testator to speed things up? A murderer forfeits any gift that they would have received from the victim. But if the death is accidental or the result of negligence, the gift is usually not forfeited, even though the recipient was the direct cause of the testator's death. This is known in most states as the Slayer's Rule .

Spousal rights

In general, you can pick whom you want your property to go to and leave it whatever proportion you want. There are some exceptions, however, related to what a spouse is required to inherit. For example, in some states a surviving spouse may be entitled to a predetermined percentage of their deceased spouse's estate, regardless of what the will says. This right is called a statutory or elective share . The amount of this percentage varies by state, but in most states it is one-half or one-third of your estate. You or your spouse can voluntarily give up this legal protection in a prenuptial agreement . In some states, surviving spouses are also entitled by right to the shared family home as what is known as a homestead right . Though you can try to give the family home to someone else in your will, your spouse has to approve. Without approval, your spouse will retain the property until they die or abandon the homestead.

As for other family members, only in Louisiana do your children have any right to be included in your estate . Otherwise, you can disinherit anyone other than your spouse. However, if you're disinheriting a very close family member, rather than just leaving them out of the will, it is best to specifically state that you wish to disinherit them in a clause in the will itself.

Gifts to charities and religious institutions

Some states do not allow gifts to religious or charitable institutions if the will was made less than a certain period of time, such as thirty days or six months, before the person died . What happens to the gift in that case? It goes to the person named in the residuary clause of the will (e.g. a clause that dictates who will receive the parts of your estate that were not given away in a specific gift, basically the leftovers of the estate), or to your next of kin if there is no residuary clause. The state you live in may also have a law limiting the amount of your estate that the charity or religious institution can receive -- for example, one-fourth or one-third of the estate.

One usual restriction imposed on all gifts to charities or religious institutions is the requirement that the recipient be a bona fide, legitimate organization. A gift of $100,000 to, for example, the Sisters of Perpetual Indulgence would probably be void in all states.

Gifts to animals

Every now and then, you read a story online or hear on the television news about an eccentric millionaire who has left the entirety of their estate to a favorite dog, cat, bird, or other pet in their will. Is such a gift valid? Usually no. A gift of money or property to a pet does not hold up legally, for the simple reason that a pet is legally incapable of holding title to property . A cat cannot own a house, a dog cannot own a car, a bird cannot own a bank account, and a hamster cannot get a social security card. To get around this, some people nominate a human as "guardian" of the pet , and occasionally a court will uphold this. Instead of attempting to give your money to your pet, an alternative is to discuss the matter with the person you would like to take care of your pet in case anything happens to you, and leave them a gift to cover food, veterinarian bills, and the like. You may also want to consider making a gift of part of your estate to your local humane society.

Conditional gifts

Some people try to make their influence felt beyond the grave by attaching conditions to a gift made in the will, as opposed to the purely advisory language in a letter of intent. These conditional gifts can be tricky and ill-advised. Most courts don't like such conditions and tying conditions to a gift often makes the will more susceptible to being challenged . You can't require your daughter to divorce her husband to claim her inheritance from you, nor can you force your atheist son-in-law to go to church every Sunday in order to get what you've left them in your will.

Wills are incredibly flexible and made to cover a range of situations as vast as the unique differences between people. That being said, all wills that are made are required to have particular elements by which a court is able to judge that they were correctly and validly made. Further, while wills are very powerful, they only have the power to do so much. The most important points to remember about wills are as follows:

• You must be above a certain age (18 in most states) and have sufficient mental capacity to make a will
• Generally, wills must clearly state that they intend to act as a final will , and be written, signed, witnessed, and executed to be considered valid
• You cannot give away property that is subject to a contract , such as an insurance police, IRA, deferred compensation plan, or other retirement or employment benefits
• In almost all states, the only person who has a right to be included in your will is your spouse , who can often claim a portion of your estate through an elective share, homestead right, or other legal means
• There are limits to what you can give away to a charity and you usually can't will anything directly to a favorite pet or other animal
• Gifts that come with strings attached are often struck down by courts and should be avoided

About the Author: Malissa Durham is a Legal Templates Programmer and Attorney at Wonder.Legal and is based in the U.S.A.

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How To Write A Will: A Step-By-Step Guide

How to write a will in 6 easy steps.

A will, also called a last will and testament, helps determine what happens to your assets after you pass. Assets can include money, real estate, personal items, and more that will be distributed to your loved ones should anything happen to you.

While writing your will can be an overwhelming process, it’s important to ensure your assets are distributed according to your wishes. Creating your last will and testament is one of the most important parts of planning your estate.

Writing a will step-by-step

Writing a will may seem daunting, so we’re breaking it into six easy-to-follow steps. By the end of the process, you'll have a strong grasp of the basics and can feel more secure knowing your wishes will be upheld and your loved ones will receive what you wanted to leave with them. To dig deeper into your specific situation and needs, we recommend consulting an estate planning attorney.

1. Determine how you want to write your will

There are a few methods and formats for writing a will: with the help of a lawyer, through an online service, or on your own.

Writing a will with the help of an estate planning lawyer is the most traditional and common method. Working with a lawyer can ensure your will is 100% accurate and comprehensive, including everything that is necessary with guidance from a legal professional.

Using an online will-creation platform might be a suitable option for someone with a straightforward estate plan and no complex assets.

Writing a will on your own can be a bit more complicated. For your will to be valid, it has to meet your state’s requirements exactly. If it doesn’t, your will can be deemed invalid and become subject to your state’s intestate succession laws , which means a probate court might determine what happens to your assets.

2. Choose your executor

Choosing your executor is one of the most important parts of making a will. The executor is the party responsible for distributing assets and carrying out your will. Many people opt to name their estate planning attorney as their executor. If you’re not planning to use a lawyer, be sure to enlist someone you trust who also understands how a last will works. 

3. Determine your beneficiary

To guarantee your assets are distributed in alignment with your wishes, you’ll need to name a beneficiary or beneficiaries as the designated parties to receive them. You can leave different things to different beneficiaries, just make sure you list each beneficiary’s full name to avoid any complications or confusion later on. You can also designate a business or organization to receive your assets if you so choose.

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4. name a guardian if you have children under 18.

If you have any minor children, your will is where you name the guardian who will take custody and care for them in your absence. Be sure to choose someone you trust and list the guardian’s full legal name.

5. List and write instructions for your assets

Prior to writing your will, it’s important to take an inventory of all of the assets you want to include. Once you’ve listed them all, assign a beneficiary to receive each one, whether they’re all going to the same person or being spread out among multiple.

This section is where you can include special instructions for how you’d like your executor to distribute your estate. You might want them to meet with each individual named or gather everyone together for a more formal reading of the will. You can also add any notes explaining why you chose each beneficiary for each asset at this stage.

6. Sign your last will and testament

Your signature is the part of your will that legally binds your document. However, just signing it on your own isn’t enough to make it legal. Typically, wills require two witnesses to sign as well. Ideally, these witnesses should be what are called disinterested witnesses, or people who don’t stand to benefit from your will.

What is a self-proving affidavit?

Sometimes, your state will require a self-proving affidavit, which also requires two witness signatures and needs to be notarized to be legal. This document certifies you are of sound mind and have the mental capacity to make a will. Self-proving affidavits may be required or optional, depending on your state’s regulations.

What happens after you write your will?

After your will is created and filed, store it in a safe place and keep it up-to-date. You should re-evaluate it every couple of years as a general rule of thumb. Once you pass away, your will enters probate , which is simply the formal name for the distribution of your assets to your beneficiaries.

How to get help making a will

Because creating a will is such an intricate process, you may want to enlist some help to make sure you do it correctly. Most often, this help will come from a certified lawyer who specializes in estate planning.

Hiring a lawyer can be an intimidating task, so looking to your immediate network may be a good starting point. Ask your friends if they’ve worked with an estate planning attorney before, and conduct your own research to find a good fit. Because the cost to write a will with the help of a lawyer can be a little high, check with your workplace to see if it offers legal plans. Enrolling in one will give you access to a network of lawyers who can help you write a will for a reduced cost.

How to write a will FAQs

What happens if you don’t make a will.

If you die without a will or your will is deemed invalid, your estate will go into probate. The probate court will then reference your state’s intestate succession laws to determine who will receive your assets.

Can you write a will without a lawyer?

Yes, you can write a will without hiring a lawyer. However, you’ll have to take extra care to:ensure your will meets your state’s regulations. Otherwise, it could be deemed invalid.

When should you write a will?

Determining the best time to write a will depends on your circumstances. Writing a will is advisable if you are over 18 and have built up any kind of wealth, real estate, or property. Likewise, if you have any children, writing a will can guarantee they are taken care of after your passing.

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Legal issues

Making a will is the only way to make sure your money, property, possessions and investments (known as your estate) go to the people and causes you care about.

How do I value my estate?

How do i divide my estate, how do i write my will, how do i make sure my will is valid, where should i store my will, how do i update my will, what happens if i don’t make a will.

Paul Lewis, financial expert and presenter of BBC Radio 4's Moneybox, explains why it's important to make a will.

Your will should cover your whole estate, so it's a good idea to draw up a list of your assets and debts. Then you have a clear idea of how much it's worth, which can help you decide how to distribute it.

Assets that typically make up an estate include:

• any property you own (in the UK or abroad)
• savings in banks, building societies or elsewhere (Premium Bonds, for instance)
• insurance such as life assurance or an endowment policy
• pension funds that include a lump sum payment on death
• investments such as stocks and shares or investment trusts
• jewellery, antiques and other valuable personal belongings
• furniture and other house contents.

Debts might include:

• a mortgage or equity release
• a credit card balance
• a bank overdraft

It's a good idea to get assets valued regularly. The price of your house, for instance, might have changed substantially since you last checked.

Your will needs to state clearly how you want your estate to be distributed, and who should be responsible for distributing it. Think about:

• who you want to benefit from your will
• whether you want to give any specific gifts to particular people
• where the 'residue' of the estate is to go (any property or money left over after paying funeral and administrative expenses, legacies and taxes)
• what you want to happen if any of your beneficiaries should die before you
• whether you want to leave any money to charity. 

Executors are legally responsible for dealing with someone's estate after their death. It can involve a lot of work and responsibility, so it's important to choose your executor (or executors) carefully.

When you're choosing who to appoint, you should talk to them to check they understand what's involved and that they're happy to do it.

Find out more about being an executor

Leaving a donation to charity

If you want to leave a gift to a charity in your will, include the charity’s full name, address and registered charity number to make sure they receive it.

• Leaving a legacy to Age UK

There are a few different ways you can write your will:

• It’s usually best to get advice from a lawyer (such as a solicitor or chartered legal executive). You might want to choose one who specialises in wills and probate. Check they're licensed with the relevant professional body, such as the Solicitors Regulation Authority.
• Some charities and campaigns offer free will-writing services to encourage people to make wills and leave charitable legacies. For more information, visit Will Aid or Free Wills Month – Age UK takes part in both schemes.
• Some banks offer will-writing services and advice about estate planning. An adviser at your local branch can explain what's on offer. Some banks charge high fees for these services – so it's important to read any small print carefully.

It's possible to use a professional will writer  to make your will, but they aren't qualified solicitors and may not be regulated – so if you decide to use one, first check whether they're a member of the Institute of Professional Willwriters or the Society of Will Writers.

You can also  make your own will , but it's easy to make mistakes or miss out important details. While it might seem like the best option now, it could cause costly legal problems for your executors and beneficiaries further down the line, so it's normally better to get professional advice.

For a will to be valid:

• it must be signed by you and witnessed by 2 people
• you must have mental capacity to make the will and understand the consequences of making it
• you must have made the will voluntarily and without pressure from anyone else.

The beginning of the will should state that it revokes all others. If you have an earlier will, you should destroy it. The government advises burning it safely or tearing it up.

Signing and witnessing the will

You must sign your will in the presence of 2 independent witnesses, who must also sign it in your presence – so all 3 people should be in the room together when each one signs. If the will is signed incorrectly, it isn't valid.

No one listed in the will as a beneficiary should act as a witness – they'll lose their right to their inheritance. They shouldn't even be in the room when the will is signed. It’s also best not to ask an executor to act as a witness.

If you can’t sign your will, it can be signed on your behalf as long as you’re in the room and it's signed at your direction. Any will signed on your behalf must contain a clause saying you understood the contents of the will before it was signed.

If you have a serious illness or dementia diagnosis, you can still make a will – but you need to have mental capacity for it to be valid. Your solicitor should make sure of this, and you may need a medical practitioner’s statement at the time the will is signed, certifying that you understand what you're signing.

You can leave your will with a solicitor or bank or with the Probate Service. Alternatively, you can store it safely at home.

Find your local Probate Service using the directory on GOV.UK

You must let your executors know where your will is kept. It's important not to attach any documents to the will with paperclips or staples – if they detach and leave marks it'll raise questions about whether the will is missing any parts or amendments.

You should review your will every 5 years or after a major change in your life – such as the birth of a new grandchild or moving house. But it's important you never make alterations to the original document.

If you want to make a minor change to your will, you can add a supplement, known as a codicil . This must be signed and witnessed in the same way as the will – although the witnesses don’t have to be the same as the original ones.

If you want to make a major change, you should make a new will and cancel your old one.

Do I need to change my will if I get remarried or divorced?

If you marry, remarry or enter a civil partnership, this cancels a previously existing will. Divorce doesn’t automatically invalidate a will made during the marriage – but it does exclude your ex-spouse or ex-civil partner from benefitting if they're mentioned.

You should arrange to make a new will if you marry, separate or divorce.

If you don’t make a will, you're said to have died  intestate – and your estate may not go to the people you want.

If you have a partner and you aren't married or in a civil partnership, they have no automatic right to inherit from you if you haven't made a will – even if you've lived together for a long time or have children.

Intestacy rules state that:

• If you're survived by a spouse or civil partner and children,  your spouse or civil partner will inherit all your personal possessions and at least the first £270,000 of your estate, plus half of anything above this amount. Your children are then entitled to the other half of this balance.
• If you're survived by a spouse or civil partner but don’t have children, your spouse or civil partner will inherit your whole estate, including any personal possessions.
• If you're survived by children but not a spouse or civil partner,  your children will inherit everything, divided equally between them.
• If you don't have a spouse, civil partner or children,  then other relatives inherit in a set order.
• If you have no surviving relatives who can inherit,  your estate will pass to the Crown.

Find out more about intestacy rules on GOV.UK

Want more information?

Wills and estate planning information guide (PDF, 3MB)

How to be an executor information guide (PDF, 2 MB)

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Leaving a gift in your will to Age UK is a special way to make sure older people have the support they need in the years to come. Learn how a gift in your will could be a lifeline for those who have nowhere else to turn.

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Last updated: Aug 23 2024

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Making a will

This advice applies to England. See advice for See advice for Northern Ireland , See advice for Scotland , See advice for Wales

Why it is important to make a will

It is important for you to make a will whether or not you consider you have many possessions or much money. It is important to make a will because:

if you die without a will, there are certain rules which dictate how the money, property or possessions should be allocated. This may not be the way that you would have wished your money and possessions to be distributed

unmarried partners and partners who have not registered a civil partnership cannot inherit from each other unless there is a will, so the death of one partner may create serious financial problems for the remaining partner

if you have children, you will need to make a will so that arrangements for the children can be made if either one or both parents die

it may be possible to reduce the amount of tax payable on the inheritance if advice is taken in advance and a will is made

if your circumstances have changed, it is important that you make a will to ensure that your money and possessions are distributed according to your wishes. For example, if you have separated and your ex-partner now lives with someone else, you may want to change your will. If you are married or enter into a registered civil partnership, this will make any previous will you have made invalid

If you are in any doubt as to whether or not you should make a will, you should consult a solicitor - find out how to get legal advice .

For more information about what happens if someone dies without making a will, see Who can inherit if there is no will – the rules of intestacy .

Whether you should use a solicitor

There is no need for a will to be drawn up or witnessed by a solicitor. If you wish to make a will yourself, you can do so. However, you should only consider doing this if the will is going to be straightforward.

It is generally advisable to use a solicitor or to have a solicitor check a will you have drawn up to make sure it will have the effect you want. This is because it is easy to make mistakes and, if there are errors in the will, this can cause problems after your death. Sorting out misunderstandings and disputes after your death may result in considerable legal costs, which will reduce the amount of money in the estate.

You should remember that a solicitor will charge for their services in drawing up or checking a will. They should give you the best possible information about the cost of their services. They should give you this at the beginning of their work with you.

Some common mistakes in making a will are:

not being aware of the formal requirements needed to make a will legally valid

failing to take account of all the money and property available

failing to take account of the possibility that a beneficiary may die before the person making the will

changing the will. If these alterations are not signed and witnessed, they are invalid

being unaware of the effect of marriage, a registered civil partnership, divorce or dissolution of a civil partnership on a will

being unaware of the rules which exist to enable dependants to claim from the estate if they believe they are not adequately provided for. These rules mean that the provisions in the will could be overturned

When it is particularly advisable to use a solicitor

There are some circumstances when it is particularly advisable to use a solicitor. These are where:

you share a property with someone who is not your husband, wife or civil partner

you wish to make provision for a dependant who is unable to care for themselves

there are several family members who may make a claim on the will, for example, a second wife or children from a first marriage

your permanent home is not in the United Kingdom

you are resident here but there is overseas property involved

there is a business involved

Other help with writing a will

If you are a member of a trade union, you may find that the union offers a free will writing service. A union will often use its own solicitors to undertake this work.

There are books which provide guidance on how to draw up a will. These can help you decide if you should draw up your own will and also help you decide if any of the pre-printed will forms available from stationers and charities are suitable. It is also possible to find help on the internet.

Will-writing services are available. However, will-writing firms are not regulated by the Law Society so there are few safeguards if things go wrong.

If you decide to use a will-writing firm, consider using one that belongs to The Institute of Professional Willwriters which has a code of practice approved by the Trading Standards Institute Consumer Codes Approval Scheme (CCAS).

Traders in this scheme display the TSI approved code logo.

When you see the logo, it means that the trader has agreed to provide good standards of service including clear information before a contract is signed, a clear complaints procedure and access to alternative dispute resolution (ADR) scheme for settling out of court.

You can search for a will-writing firm belonging to The Institute of Professional Willwriters  on their website.

How much does a solicitor cost

The charges for drawing up a will vary between solicitors and also depend on the complexity of the will.

Before making a decision on who to use, it's always advisable to check with a few local solicitors to find out how much they charge.

You might have access to legal advice through an addition to an insurance policy that covers the costs of a solicitor preparing or checking a will. If you're a member of a trade union you might find that the union offers a free wills service to members.

The charity Will Aid has set up a partnership between certain solicitors and nine well-known charities.

Every November, participating solicitors will write a basic will free of charge in return for a donation to Will Aid.

You can find out about the suggested minimum donation amount, and details of solicitors who can help on the Will Aid website . 

It's also worth you giving some thought to what you want to say in the will before seeing a solicitor. This should help reduce the costs involved.

What should be included in a will

To save time and reduce costs when going to a solicitor, you should give some thought to the major points which you want included in your will. You should consider such things as:

how much money and what property and possessions you have, for example, property, savings, occupational and personal pensions, insurance policies, bank and building society accounts, shares

who you want to benefit from your will. You should make a list of all the people to whom you wish to leave money or possessions. These people are known as beneficiaries. You also need to consider whether you wish to leave any money to charity

who should look after any children under 18

who is going to sort out the estate and carry out your wishes as set out in the will. These people are known as the executors

Who are executors

Executors are the people who will be responsible for carrying out your wishes and for sorting out the estate.

They will have to collect together all the assets of the estate, deal with all the paperwork and pay all the debts, taxes, funeral and administration costs out of money in the estate.

They will need to pay out the gifts and transfer any property to beneficiaries.

Who to choose as executors

It is not necessary to appoint more than 1 executor although it is advisable to do so - for example, in case one of them dies.

It is common to appoint 2, but up to 4 executors can take on responsibility for administering the will after a death.

The people most commonly appointed as executors are:

relatives or friends

solicitors or accountants

the Public Trustee or in some cases the Official Solicitor if there is no one else willing and able to act

It is important to choose executors with considerable care since their job involves a great deal of work and responsibility.

You should always approach anyone you are thinking of appointing as an executor to see if they will agree to take on the responsibility. If someone is appointed who is not willing to be an executor, they have a right to refuse.

If an executor dies, any other surviving executor(s) can deal with the estate. If there are no surviving executors, legal advice should be sought.

For more information about what executors have to do, see Dealing with the financial affairs of someone who has died .

Requirements for a valid will

In order for a will to be valid, it must be:

made by a person who is 18 years old or over and

made voluntarily and without pressure from any other person and

made by a person who is of sound mind. This means the person must be fully aware of the nature of the document being written or signed and aware of the property and the identify of the people who may inherit and

in writing and

signed by the person making the will in the presence of two witnesses and

signed by the two witnesses, in the presence of the person making the will, after it has been signed.

A witness or the married partner of a witness cannot benefit from a will. If a witness is a beneficiary (or the married partner or civil partner of a beneficiary), the will is still valid but the beneficiary will not be able to inherit under the will.

Although it will be legally valid even if it is not dated, it is advisable to ensure that the will also includes the date on which it is signed.

As soon as the will is signed and witnessed, it is complete.

If someone makes a will but it is not legally valid, on their death their estate will be shared out under certain rules, not according to the wishes expressed in the will.

For more information about the rules if someone dies without leaving a valid will, see Who can inherit if there is no will – the rules of intestacy .

Wills of service personnel on active service

The requirements for a valid will are less stringent for service personnel on active service. Such wills are known as privileged wills.

If you need further help about privileged wills, you can talk to an adviser or seek legal advice.

Where to keep a will

Once a will has been made, it should be kept in a safe place and other documents should not be attached to it. There are a number of places where you can keep a will:-

with a solicitor or accountant

at the Principal Registry of the Family Division of the High Court, a District Registry or Probate Sub-Registry for safe keeping. If you wish to deposit a will in this way you should visit the District Registry or Probate Sub-Registry or write to:

Probate Department (England and Wales)

Principal Registry of the Family Division

First Avenue House

42-49 High Holborn

Tel: 020 7947 7022 (safe custody enquiries); 020 7947 6983 (how to obtain a will - recorded message); 020 7947 6043/6939 (personal application enquiries)

Probate Helpline: 0300 123 1072

Fax: 020 7947 6946

Looking for copies of a will after someone dies

Someone close to you may have died and you think they made a will but you can't find one in their home.

Check to see if you can find a certificate of deposit, which will have been sent to them if they arranged for the will to be kept by the Principal Registry of the Family Division.

Even if you can't find a certificate of deposit, you can still check with the Registry to see if they hold the will. If the person died in a care home or a hospital you could check to see if the will was left with them.

You should also contact the person's solicitor, accountant or bank to see if they hold the will.

The person who has died, or their solicitor, may have registered their will with a commercial organisation such as Certainty ( www.certainty.co.uk ) and, after the person's death, you can pay for a search of the wills registered on the company's database.

You can also ask the company to contact solicitors in the area where the person lived to ask if they hold a will.

If you can't find a will, you will usually have to deal with the estate of the person who has died as if they died without leaving a will.

For more information, see Who can inherit if there is no will – the rules of intestacy .

Getting a copy of the will when probate has been granted

When someone dies, the person who is dealing with their estate (for example, money and property) must usually get authorisation to do so from the Probate Service.

If there is a will, this authorisation is called a grant of probate.

When probate is granted, the will is kept by the Probate Service and any member of the public can get a copy.

If you want to search for the will of a person who died recently, you can apply to the Probate Service for a standing search to be made.

They will check their records to see if a grant of probate has been made in the twelve months before your application, and they will continue to check for six months afterwards.

If a grant has been made, they will send you a copy of the grant and a copy of the will, if any. A fee is payable.

You can renew your search at the end of 6 months for a further fee. It may  be advisable to wait 2 or 3 months after the death before you apply for a search.

You can find out how to apply for a standing search and how much it costs on GOV.UK.

If you want to do your own search, or if you want to search for the will of someone who died more than twelve months ago, you can do a general search.

A general search by the Probate Registry will cover a four year period and a fee is payable. If you go to the Probate Registry to do the search yourself, no charge is made, but you still have to pay to get a copy of the grant of probate and the will, if any.

You can find out how to apply for a general search and how much it costs on GOV.UK.

Personal application

You can make a personal search free of charge by going to the Principal Registry of the Family Division (see under heading Where to keep a will ). If you want to inspect or take a copy of the will, there is a fee of £5.

Local application

You can order a copy of a will or grant of probate at any district probate registry.

You will need to give the full name of the person who died, the date probate was granted and the name of the registry office where it was issued. The fee is £5.

You can find a district probate registry on GOV.UK .

Change of circumstances

When a will has been made, it is important to keep it up to date to take account of changes in circumstances.

It is advisable for you to reconsider the contents of a will regularly to make sure that it still reflects your wishes. The most common changes of circumstances which affect a will are:

getting married, remarried or registering a civil partnership

getting divorced, dissolving a civil partnership or separating

the birth or adoption of children, if you wish to add these as beneficiaries in a will

How to change a will

You may want to change your will because there has been a change of circumstances.

You must not do this by amending the original will after it has been signed and witnessed.

Any obvious alterations on the face of the will are assumed to have been made at a later date and so do not form part of the original legally valid will.

The only way you can change a will is by making:

a codicil to the will or

A codicil is a supplement to a will which makes some alterations but leaves the rest of it intact. This might be done, for example, to increase a cash legacy, change an executor or guardian named in a will, or to add beneficiaries.

A codicil must be signed by the person who made the will and be witnessed in the same way. However, the witnesses do not have to be the same as for the original will.

There is no limit on how many codicils can be added to a will, but they are only suitable for very straightforward changes. If a complicated change is involved, it is usually advisable to make a new will.

If you wish to make major changes to a will, it is advisable to make a new one.

The new will should begin with a clause stating that it revokes all previous wills and codicils. The old will should be destroyed. Revoking a will means that the will is no longer legally valid.

Destroying a will

If you want to destroy a will, you must burn it, tear it up or otherwise destroy it with the clear intention that it is revoked.

There is a risk that if a copy subsequently reappears (or bits of the will are reassembled), it might be thought that the destruction was accidental.

You must destroy the will yourself or it must be destroyed in your presence.

A simple instruction alone to an executor to destroy a will has no effect. If the will is destroyed accidentally, it is not revoked and can still be declared valid.

Although a will can be revoked by destruction, it is always advisable that a new will should contain a clause revoking all previous wills and codicils.

Revoking a will means that the will is no longer legally valid.

If a person who made a will takes their own life

If a person who made a will takes their own life, the will is still valid.

Challenging a will

A person may want to challenge a will because:

they believe that the will is invalid or

they believe that they have not been adequately provided for in the will

There are strict time limits for challenging a will and if you want to challenge a will, you should seek legal advice as soon as possible.

If you want to challenge the will because you believe you haven't been adequately provided for, the time limit is 6 months from the grant of probate. Your local Citizens Advice can give you lists of solicitors. You can  search for your nearest Citizens Advice .

If you are named in someone else's will as an executor, you may have to apply for probate so that you can deal with their estate.

For more information about probate, see  Dealing with the financial affairs of someone who has died .

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Write your will easily online with Which?. You can even get it reviewed by our specialists to make sure it’s completed correctly.

• How our process works
• Why write a will
• Get started
• Common questions

Our specialist lawyers and paralegals have thought of everything to make it quick and easy for you.

Get started, save where you’ve got to, take breaks, come back to it when you like.

Create professional, legally binding documents without paying expensive solicitors’ fees.

Our guidance notes should cover everything but we’re here to help if you get stuck.

If you die without leaving a will, your money and possessions won’t automatically go to those closest to you. The law will decide who gets what, not you, and this can cause distress for your loved ones. But a will correctly written and witnessed makes things clear-cut and conflict less likely. Best get your will done now with a name you can trust.

Things to think about

Who are we.

We are Which? part of the Which? group, wholly owned by the Consumers' Association.

Completely independent

The unique thing about Which? is that we are completely independent. We have no owners, shareholders or government departments to answer to and you'll never see an advert in our magazines or on our websites.

This means we work entirely on behalf of you, the consumer, and nobody else – so you can rest assured that you're getting the very best advice available.

The Which? Group

As a not-for-profit charitable organisation, all the money we make from our commercial operations is used to support the activities of the Which? Group.

Who reviews my documents?

One of our team of specialist paralegals. Each member of the team has undergone professional training in wills and powers of attorney.  The team is supervised by a solicitor regulated by the Solicitors Regulation Authority (SRA).

Are you regulated?

We are part of Which? Limited that is an unregulated organisation. The team is supervised by a solicitor regulated by the Solicitors Regulation Authority (SRA).

Completing your document

What happens after i buy my document.

You can start filling it out when you’re ready with our easy to use software.

How long does it take to complete a document?

We suggest you set aside around 1 hour to complete a document, although it can take less or more time, depending on the type of document you're creating and how much information you have to hand.

Do I have to complete my document in a set time period?

No, there isn't a time limit, you are very much in control of when you complete your documents. So you can start, then pause and come back when you are ready. But now you have purchased your documents, we suggest you complete them sooner rather than later.

What happens once I've completed the document?

If you bought a 'Self Service' document, it is now ready to be printed, signed and witnessed.

If you have chosen a document that includes a review, you can now submit it to our specialists by clicking 'Send for review' next to your document. They’ll review it and send you any feedback, guidance and suggestions. Then we’ll send you an email confirming the next steps.

How long does the legal review take?

We aim to complete the review in 10 working days. At busy times it might take slightly longer.

Can I upgrade my self service document to get a review?

Yes. Log in to your account and go to the 'My documents’ section. Next to the document you want to be reviewed, click on 'Upgrade to legal review'.

You’ll need to pay the difference in the price between the two service levels.

Do you certify documents?

This isn’t a service we offer. Here are some ways you can get your document certified.

How will I know if my document is legally binding?

With our review service, specialist paralegals go through your document with a fine-tooth comb to iron out errors and to make sure it’s legally compliant. When they’re 100% satisfied that it is, and once it’s been printed, signed and witnessed correctly, it will be legally binding.

Which web browser do I need?

The website is designed to work in all current versions of Microsoft Edge, Mozilla Firefox and Google Chrome. If you do experience any technical difficulties, in the first instance try using an alternative browser. We recommend using Google Chrome.

What happens once my document has been reviewed?

Once your document has been reviewed, our specialists will return it to you with their feedback. You'll receive an email including the details. If there are no issues, your document will be approved. Alternatively, our feedback could highlight some changes you may need to consider. When you've taken any action needed, send the document back to our specialists to approve by clicking 'Send for review'. Once approved, you can then print your document by clicking 'Print' next to your document in the 'My documents' section of your account. It's really important to follow our guidance to make sure your document is signed and executed correctly. We do not review documents once they have been signed and executed, as this is not part of our service.

If the document is for someone else, do they need to create their own account?

No, all documents are completed within the same account. The person who created the account will be the person that fills in the details for all documents. 

What’s the difference between mirror wills and a pair of wills?

Mirror wills are usually made by married couples or civil partners. Normally, the first to die leaves their estate to the survivor. When the survivor dies, the estate passes to the beneficiaries (who are the same people in both wills).

A pair of wills is two wills made by two people with the flexibility to make them similar to each other or completely different.

Who can witness my will?

In England & Wales, a will must be witnessed by two independent people over the age of 18. Your witnesses don’t need to know what’s in your will.

Witnesses cannot be:

• beneficiaries in your will,
• spouses or civil partners of beneficiaries in your will, or
• anyone related to you.

What type of gift can I make in my will?

• Specific gifts – such as your jewellery, shares or property
• Cash – known as ‘pecuniary’ gifts
• Residuary gifts – what's left after all debts have been paid and all other legacies have been accounted for.

Can I use Which? if I have foreign assets?

If you have assets outside the UK, you can include them in your will. But we cannot guarantee that it will be accepted in the country where your assets are located.

We strongly suggest you take independent specialist advice about whether or not our service is likely to meet your needs.

I own a business. Can I use your services?

Can you advise on things such as inheritance tax and care fees.

Unfortunately not. If you’re a member of Which? and your membership includes access to our legal advice service, you can discuss inheritance tax with one of their expert lawyers. Please call 0117 911 8270 to make an appointment.

The government’s MoneyHelper service may also be able to help. Visit www.moneyhelper.org.uk to find out more.

Payments and refunds

How and when do i pay for my document.

You can pay online once you’ve added a document to your basket. We accept all major debit and credit cards and your payment is processed securely.

I’ve paid for a document but now I’ve changed my mind. Can I have a refund?

You are entitled to a refund within 14 days of purchase unless:

• You’ve completed a Self Service document 
• Your Legal review or Premium document has been reviewed by our specialists.

The easiest way to organise a refund is to log in to your account and send us a message via the 'Contact us' function.

We are only able to refund what you paid via the original method of payment.

Will Writing Firm of The Year (online) 2023

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Making a will

Write your will.

Your will should set out:

• who you want to benefit from your will
• who should look after any children under 18
• who is going to sort out your estate and carry out your wishes after your death (your executor)
• what happens if the people you want to benefit die before you

You can also include a charity in your will .

When you need legal advice

You can get advice from a professional if your will is not straightforward, for example:

• you share a property with someone who is not your husband, wife or civil partner
• you want to leave money or property to a dependant who cannot care for themselves
• you have several family members who may make a claim on your will, such as a second spouse or children from another marriage
• your permanent home is outside the UK
• you have property overseas
• you have a business

Keep your will safe

You can keep your will at your home or store it with:

• your solicitor
• a company that offers the storage of wills - you can search online
• the national probate registry in Newcastle

Read full guidance on storing your will with the Probate Service .

You should tell your executor (the person you’ve chosen to carry out your will), a close friend or relative where your will is.

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Guides Writing your will

What is an executor of a will and how do you appoint them.

One of the most important parts of writing a will is choosing your executors. Here, we’ll cover who can be an executor, what they do and why they’re so important.

Our online will writing service is designed to help people in the UK write a will in just 15 minutes. And as part of this process, you’ll need to appoint executors of your will. If you know who you want to choose in advance, it will only take you a few minutes to fill out this section, so we’ve created this quick guide to help you work out the best people for the job.

What is an executor of a will?

An executor of a will is somebody you nominate to carry out the wishes left in your will. They could be a friend, family member or a professional – the most important thing is that they feel comfortable and confident administering your estate.

What do my executors have to do when I die?

The first thing your executors need to do is find your will , so it’s important you tell them where it’s kept after you’ve printed and signed it alongside two witnesses. If it’s needed, they’ll then be responsible for applying for probate so they can follow the wishes you set out in your will.

Your executors are also responsible for dealing with your estate. This may include closing your bank accounts, paying off any debts, and selling or transferring property so they can share everything out between your beneficiaries. Alternatively, your executors may choose a professional to handle the estate administration on their behalf.

If you’re dealing with a bereavement and need help with probate, you can find out about our fixed-price probate service .

What powers do the executors of my will have?

Executors are given some powers under the laws of England and Wales, but it is common for solicitors and will writing professionals to include additional provisions in wills they provide.

When you write a will using our online will writing service, it will include a set of general provisions. These have been professionally drafted and approved by the Society of Trust and Estate Practitioners (STEP), a global professional association that promotes high professional standards in this area of law.

How many executors do I need to appoint when I write a will?

You need to appoint at least one executor of your will – but you can choose up to four people or professionals. If you’re choosing friends and family, it’s recommended that you appoint at least two executors. This is because there are certain limitations for sole executors that don’t apply to professionals.

Can an executor also be a beneficiary of my estate?

Yes, any of your beneficiaries can also act as your executor , as long as they’re over 18 years old. This can be useful if you’re sharing your estate between your children and want to make your oldest child an executor.

2 things to think about before choosing executors of your will

1. the amount of work involved.

The first thing to think about when choosing your executors is the amount of work involved. If your estate is relatively small and doesn’t require the sale of any property, a financially-savvy friend or family member may be comfortable acting as an executor. But if the situation is more complex and requires the sale and distribution of property, you may be better off choosing a professional executor service.

2. How they’ll feel after your death

Another thing to consider is whether the people you choose will appreciate having to deal with your estate. Between dealing with grief and planning your funeral, being an executor of a will can feel like an unwelcome burden to some people, so it’s important to bear this in mind when appointing executors in your will.

How to appoint executors of your will

When you write a will with our online will writing service, appointing your executors is easy. Whether you choose friends, family, Farewill Trustees or a combination of all three, you can do so in just a few clicks.

After you’ve finished your will, our specialists will check it over within 5 days to make sure your wishes are clear. Then you’ll be able to print it, sign it alongside two witnesses and put it away somewhere safe knowing that your estate is in good hands when you’re gone.

Article reviewed 23 August 2021

What are STEP provisions and why are they important?

Write your will online with Farewill

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HHS provides $176 million to develop pandemic influenza mRNA-based vaccine

Award bolsters pandemic preparedness by leveraging flexible platform

The U.S. Department of Health and Human Services (HHS), through the Biomedical Advanced Research and Development Authority (BARDA), part of the Administration for Strategic Preparedness and Response (ASPR), will provide approximately $176 million to Moderna for development of an mRNA-based pandemic influenza vaccine.

The award was made through BARDA’s new Rapid Response Partnership Vehicle (RRPV) Consortium, managed by Advanced Technology International (ATI). The RRPV is a 10-year, multi-purpose acquisition vehicle and consortium partnership designed to support advanced research and development of medical countermeasures, such as vaccines, therapeutics, and diagnostics. The consortium creates flexible, strategic partnerships with industry that foster innovation and promote collaboration.

“We have successfully taken lessons learned during the COVID-19 pandemic and used them to better prepare for future public health crises. As part of that, we continue to develop new vaccines and other tools to help address influenza and bolster our pandemic response capabilities,” said HHS Secretary Xavier Becerra. “Importantly, we are doing this work in partnership with some of the nation’s leading scientists and clinicians. The Biden-Harris Administration won’t stop until we have everything we need to prepare for pandemics and other public health emergencies that impact the American public.”

This award aids Moderna in ensuring the establishment of additional pandemic influenza vaccine response capability. These efforts will leverage existing U.S. domestic large-scale commercial mRNA-based manufacturing platforms and ongoing seasonal influenza vaccine development. Additionally, ASPR has secured a fair pricing agreement which will continue ensuring enduring equitable access to vaccines. The U.S. government is committed to leveraging investments now to ensue cost parity for the American taxpayers in the future.

Moderna’s influenza vaccine candidate uses current mRNA technology leveraged successfully during the COVID-19 response, resulting in one of the first two FDA-authorized - and ultimately FDA-licensed - COVID-19 vaccines. In 2023, BARDA issued a request for proposal to Moderna and other companies to develop mRNA vaccines to prepare for potential public health emergencies (PHEs) caused by influenza viruses, such as avian influenza A(H5N1). mRNA vaccines have the potential to complement traditional vaccine technologies during a pandemic influenza emergency response. The Centers for Disease Control and Prevention (CDC) has said the risk to general human health from H5N1 is still low and this award is a part of ASPR preparedness efforts.

“The award made today is part of our longstanding commitment to strengthen our preparedness for pandemic influenza,” said Assistant Secretary for Preparedness and Response Dawn O’Connell. “Adding this technology to our pandemic flu toolkit enhances our ability to be nimble and quick against the circulating strains and their potential variants.”

Moderna will prepare materials and conduct clinical trials to collect safety and immunogenicity data to support FDA licensure and potential commercial scale-up in response to a future PHE. This award will enable the rapid development of an mRNA vaccine targeted to various influenza virus subtypes, also known as strains, of pandemic potential. The award also includes the option for large-scale production and pandemic response. The work under this award will allow development and manufacturing to pivot quickly, if needed, to address other threats, such as emerging infectious diseases.

If successfully developed, an mRNA-based licensed pandemic influenza vaccine could further improve response timelines should a new virus strain emerge and cause a pandemic, as happened with H1N1 in 2009. Since 2005, BARDA has awarded contracts to manufacturers of influenza vaccines licensed in the U.S. to sustain and expand national response capabilities in an influenza pandemic or other public health emergency. Efforts under this award are intended to establish a fourth platform option to the egg-, cell-, and recombinant protein-based approaches used for production of existing, licensed influenza vaccines.

This award is the latest component of the BARDA Influenza and Emerging Infectious Diseases Division’s medical countermeasure portfolio.

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