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Create a will

Gathering Information

Consult with the client to determine their wishes and objectives for the will

Obtain personal information of the client, including full name, date of birth, and contact details

Collect information about the client's assets, including real estate, bank accounts, investments, and personal belongings

Identify potential beneficiaries, including spouses, children, and other family members

Determine if any special provisions or considerations are required, such as trusts or guardianship arrangements

Drafting the Will

Begin drafting the will document using appropriate legal language and formatting

Include an introductory clause identifying the document as the client's Last Will and Testament

Clearly state the client's full name, date of birth, and address

Specify the appointment of an executor to carry out the instructions in the will

Outline the distribution of assets, including specific bequests and residuary clauses

Consider including contingency provisions for alternate beneficiaries or situations where beneficiaries predecease the client

Include any desired provisions for trusts, guardianship of minor children, or charitable donations

Include a residuary clause to cover any assets not specifically mentioned

Add attestation clauses, where applicable, to ensure the will is properly executed and witnessed

Review and Revision

Review the drafted will for accuracy, consistency, and compliance with applicable laws

Ensure that the will reflects the client's intentions and objectives

Seek input from the client for any necessary revisions or modifications

Proofread the document for spelling, grammar, and typographical errors

Confirm that all required legal formalities have been met

Make necessary revisions based on client feedback and legal requirements

Execution and Signing

Schedule a meeting with the client to sign the will

Ensure the presence of two competent witnesses who are not beneficiaries or related to beneficiaries

Explain the contents of the will to the client and witnesses, ensuring they understand its implications

Instruct the client and witnesses to sign the will in each other's presence

Confirm that the client's signature is properly witnessed and that the witnesses sign the will as required by law

Keep a copy of the executed will in the firm's records

Safekeeping and Storage

Advise the client on safekeeping options for their original will, such as storing it in a secure location or providing it to the law firm for safekeeping

Inform the client of the importance of keeping the will up to date and making changes as necessary

Offer guidance on how to keep beneficiaries informed about the location of the will and any updates made to it

Provide the client with a copy of the executed will for their records

Note: The checklist provided is a general overview and may vary depending on the specific requirements of the jurisdiction and the client's individual circumstances. It is always recommended to consult with a qualified attorney to ensure compliance with local laws and regulations.

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