How to Make a Will ....  (Suggestions ONLY!)

Suggestions on How to make a Will...

It is advisable for Married Couples or the like, to have Bank Accounts, Insurance Policies, Shares, and Real Estate Properties in Joint Tenants (Joint Names), [as distinct from the term Tenants in Common], as, when these assets are in Joint Tenants they are not effected by a Will, that means, when recording the Death of one party, the ownership automatically vests in the Survivor.


When selecting an Executor/rix, (the male and female term for the person looking after your assets when you die), it is advisable to choose the largest beneficiary as he/she is more likely to do the best job. You can also choose another Executor in the event that the first one dies before you.


Preferably select someone who lives in the same city, or more-so, the same State as you. Try and avoid using two Sisters or two Brothers as Executor's, (that is, if you do choose to use two (2) Executors), as, disagreement and problems often occur.


An Executor is a good witness but this is not advisable if the Executor is to be a Beneficiary, because, any Legacy (anything left to him) would be made Void. The Wife or Husband, or in fact, any person who stands to benefit from the will should never be a Witness, as any benefit to that person is automatically forfeited.


State as simply as possible, and without any attempt at legal phraseology, the way or manner in which you desire to dispose of your property. It is important that careful attention to the following particulars, will cover as much of the law as is necessary for the making of an ordinary Will.


It is also important to pay particular attention to the signing of the Will in the presence of Witnesses as set out below. Under the Law, all property may be disposed of in your Will.


Members of the Armed Forces, while on active service (ie):- Army, Navy, and Airforce, or, a member of the Marines, or a Seaman while at Sea, are able to make a Will. Every other person must have attained the age of 18 Years, before they can make a Will.


Before signing a Will, it is important that alongside each and every Alteration or Interlineation, the Testator (the person making the Will), as well as both witnesses, must sign their names. (Or, re-write the Will)


It is also very important that rubbing out, White-out, or erasing any mistakes is strictly forbidden.



When the Testator signs the Will, this must be signed immediately under the last line of the body of the Will without leaving any space for anything else to be written after the will is executed (Signed) The Testators signature would be at the bottom of the page on a one page document or on the bottom of each and every page if more that one page is written on. It is suggested that if two pages are used, then page (1) one would be marked (1) of two (1/2) and, ... the second page two of two (2/2) and so on.


The following is essential at the foot of the Will:-


Signed by the Testator as and for his/her last Will and Testament, in the presence of us both being present at the same time and we, at his/her request, in his/her sight and presence and in the presence of each other, have hereunto subscribed our names as Witnesses.


That is, all three (or more if more than two persons are Witnesses,) must be present at the time the Will is Signed and Witnesses. It is not allowable for the Testator to sign the Will, in the presence of one Witness, then later have another person sign as a Witness. Please read the above paragraph carefully.


If the Testator (the person making the Will) is unable to read or sign his or her name, the Testator should ask both Witnesses to read out the Will and explain fully all that is written in the Will. In this event it is acceptable for the Testator to make a mark. Assuming the Testators name is John Smith and John made a cross X the Witnesses would do the following:


John X Smith




Should you intend to leave some close relative out of the Will, it may be advisable to State why. You may state:-


I leave to any person who successfully challenges this Will, the sum of $1.00 One dollar.