What is a Will and How is it Created?

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What is a Will? A "Will" is a declaration under the law of this country where a person (called the "testator") sets forth the name or names of people or organizations that will receive his or her personal property or real estate upon his or her death called "beneficiaries". A "Will" ordinarily names a person or persons (called an "executor") to administer the final wishes of the person who signs the "Will" so that the beneficiaries will receive what is stated in writing to be given them after the testator has passed. How is a Will created? In America, a will is typically drafted by a Maryland will attorney who practices law in the area of "Wills and Trust Administration". The lawyer typically sits down with the testator face to face to discuss his or her wishes as to who the beneficiaries will be, what assets the testator has and who the executor or executors shall be. Once accomplished and where notes are taken as to the testator's desires, the lawyer drafts the "Will" which is a legal document setting forth the fact that the testator declares that the document to be his or her last Will and testament revoking all prior Wills and codicils (amendments to any prior Will) and setting forth the names of a current spouse if applicable, the names of all children of the testator, who the executor or executors shall be, what assets the testator has and who is to receive them. As to assets not specifically mentioned there is mention as to who receives such in a clause called the "residual clause". In order for the will to be a valid and legal document, the testator needs to declare in front of at least two (2) people who are over the age of eighteen (18) and mentally competent are not named as beneficiaries under the Will his or her intent that the document is intended to be his last Will and testament. The testator is then required to sign and date the Will in the presence of these witnesses. The two (2) witnesses are then required to sign and date the Will as witnesses with the address of where they reside. As a practical matter, the testator and each witness should also initial each page of the Will to prevent claims of tampering with a legal document after the fact. However, if the testator does not want to use a lawyer, he or she can write out his or her wishes as to their assets in their own hand stating who receives such and by dating and signing their name to the document another type of Will that is valid in this country is created. This alternate form is called a "holographic Will" where no witnesses are needed. Most Wills are signed several times by the testator and witnesses so that there are several originals. Typically the lawyer creating the document keeps an original for future use and the balance are given to the testator to be placed in a safe place. For more information about wills and how to draft them, please refer to