Question 1

What makes a Will legal?

Accepted Answer

Laws regarding creating Wills vary by state. However, in general, the following must be true:

You must be a legal adult of sound mind.
You must sign the Will. This can occur even if you're on your deathbed, so long as you're of sound mind and have witnesses.
You must have two adult witnesses of sound mind sign the Will unless you live in Vermont, which requires three witnesses. These witnesses can't be in the Will to avoid bias or coercion.

Question 2

What should you put in your Will?

Accepted Answer

Your Will should include at least the following:

The name of your executor and digital executor
Who will inherit all significant assets (sentimental or expensive)
Who will inherit your home
The names of those who will become guardians of children, adults in your care, or pets
Any gifts or donations you would like to leave to charities
What will happen to any investments you have
The names of those who will manage children's inheritances until they're adults

Question 3

Can I have a digital Will?

Accepted Answer

You can create a Will and store it digitally, but at this time, many states don't allow digital signatures on Wills. This is why you must print your Will and have them signed by hand. A framework called the Electronic Wills Act is making its way through the national court system, which may make fully digital Wills possible nationwide in the future.

Question 4

Is a Living Will the same as a Will?

Accepted Answer

A Living Will is different from a Will. A Living Will focuses on what should be done if you become terminally ill or incapacitated, while a Legal Will and testament details what should be done with your estate upon your death.

Question 5

Do you have to have a lawyer to make a Will?

Accepted Answer

You don't need a lawyer to create a Will but it never hurts to have a lawyer review your documents.

Question 6

What is an executor?

Accepted Answer

An executor is an adult of sound mind who ensures your Will is followed. They round up all of your information, pay any taxes or debts on your behalf (preferably using your life insurance or other assets), sell property if needed, and get inheritances to the beneficiaries. Your executor can be a beneficiary in your Will, or they can be an unbiased third party.

Question 7

Are DIY Wills legal?

Accepted Answer

DIY Wills are legal. If you have a highly complicated set of requirements or a difficult family situation, it may be best to consult with a lawyer to help you get through the relevant challenges. Online Wills are typically accepted so long as they've been printed and signed by hand. Handwritten (holographic) Wills, however, are frequently rejected—even if you have witnesses. GoodTrust's Legal Will and testaments are typed.

Question 8

What are last wishes?

Accepted Answer

Last wishes, also called final wishes, are usually separate from your Will and focus on what you want to be done upon your death. These can be written or verbal, though they're easier to prove to others if written. These are generally not legally binding, unlike your Will; that said, if family members largely agree to your wishes, your executor should agree to carry them out because it's simply the right thing to do.

Question 9

How do I write my last wish?

Accepted Answer

You can handwrite or type your last wishes and upload them to GoodTrust. You can put just about anything in your list of final wishes, including:

Whether you're an organ donor
Obituary information
Your desired final resting place
Whether you've created Future Messages and how people can locate them

You can also include your funeral plans in your last wishes, but a separate document may be easier to follow.

Question 10

Can I plan my own funeral?

Accepted Answer

You can plan your own funeral via a funeral directive or as part of your list of last wishes, but the document isn't legally binding. While your family and friends may have the best intentions in honoring your funeral plans, some things may not be possible to arrange. For instance, a pallbearer you request may be unable to attend, or the place you want your ashes scattered may be off-limits for this.

Smart Will & Directives Protect What Matters

Why should I have a will?

Start with your Will. Finish with peace of mind.

It’s as easy as 1-2-3. (No, really!)

Don’t just take our word for it.

Your information is safe.

We’re here to support you. You can do this!

We’ve done the research so you don’t have to.

Frequently Asked Questions About Last Will.

Last WillLast Will

Revocable TrustRevocable Trust

Funeral DirectiveFuneral Directive

Power of AttorneyPower of Attorney

Health Care DirectiveHealth Care Directive

Pet DirectivePet Directive

Join the thousands of people who have created a Will-based plan with GoodTrust.